25 percent rule

  • Patent damages—A brave new world?

    In its 1853 decision in Seymour v. McCormick, the Supreme Court established that reasonable royalty patent damages ought to be limited to the patented component’s contribution to the whole product.

  • IP: A reasonable royalty for patent infringement

    Responding to increasingly large damages awards based on expert advice grounded more in speculation than fact, the Federal Circuit finally rejected the so-called “25 percent rule,” a rule of thumb used in calculating a reasonable royalty.

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