Courts around the world have determined appropriate methodologies for calculating damages on standard essential patents (SEPs) for which patent holders have made an assurance to license on fair, reasonable and non-discriminatory (FRAND) terms. Determinations of patent holdup, licensee holdout, use of worldwide portfolio licensing, incremental value rule, etc. are included in these decisions. The court determines damages based on the below-referenced judgments and FRAND terms when reviewing SEP infringements. Under most patent laws, infringement damages are set based on factors including actual loss due to infringement, if the actual loss is difficult to determine, gains of the infringer, and if both actual loss and gains are not available—determination of appropriate multiples of a reasonable royalty fee.
Litigation
- U.S. Government Sides with Teva in Skinny Label SCOTUS Fight
- What I’ll Be Watching for in the Amgen Oral Arguments
- A Dog’s Day in Court: Implications of the ‘Bad Spaniels’ Arguments on Parody Determinations and Noncommercial Use
- SCOTUS Skeptical that Bad Spaniels is Parody, But Questions Need to Overturn Rogers
- Justices Seek Abitron Parties’ Help in Articulating Bounds of Extraterritorial Application of Lanham Act
Recent Posts
- Other Barks & Bites for Friday, March 31: Japan Restricts Chip-Making Exports, Ocado Scores UK High Court Win in Robotic Warehousing Case, and Judge Rejects Fair Use Defense for Internet Archive
- U.S. Government Sides with Teva in Skinny Label SCOTUS Fight
- Industry, NGOs Spar Over Need to Extend TRIPS COVID IP Waiver at ITC Hearing
- Software-Related U.S. Patent Grants in 2022 Remained Steady While Chinese Software Patents Rose 8%
- The Truth Leaks Out: Justices Struggle with the Science, Sanofi Welcomes End to Functional Genus Claims in Amgen Oral Arguments