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Licensing

Federal Circuit Clarifies Entire Market Value Rule

Determining patent infringement damages is complicated and often borders on the metaphysical.  Under U.S. law, a patent holder is entitled to damages adequate to compensate for the infringement, but in no event less than a “reasonable royalty.”  In some cases, patent holders can establish damages through lost profits.  However, when that is not possible or…

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Licensing Your Patents—The Dangers of Declaratory Judgment Actions

It is the great hope of most patent holders to sit back and collect royalty checks, hopefully with as little expense and difficulty as possible. Enforcing patents is difficult, time consuming, and expensive, so many patent holders hope to convince infringers to pay them for the use of their inventions without going to court. Thus,…

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