District Court Judge offers specific amounts that fit the terms criteria for “fair, reasonable and non-discriminatory”
Standard-setting organizations establish rules that govern the ownership of IP rights that apply to the standards they adopt. Companies that help establish the criteria gain an advantage in having their technology included in standards; therefore, one rule commonly adopted is that any patent that applies to a standard can only be licensed on “fair, reasonable, and non-discriminatory [...]
Court says lone settlement agreement cannot support plaintiff’s damages theory
After AVM sued Intel for infringing on one of its patents, its expert established reasonable royalty damages between $150 million and $300 million “or more.” Intel filed a Daubert motion to exclude the testimony. Earlier, a federal court stated that it was inclined to rule in Intel’s favor but wanted to hear from the expert in person [...]
Details of the lawsuit-settling Dupont and Monsanto cross-license agreement released
On March 26, DuPont and Monsanto announced financial terms of the technology cross-licensing agreements that also settled their patent and antitrust lawsuits relating to Monsanto’s Round-Up® resistant soybean seeds. Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe to the comments on this post
So far, the Nash Bargaining Solution is no stand-alone substitute for the 25% rule-of-thumb
Uniloc put to rest the 25% rule-of-thumb. Assuming the problem is the “of-thumb” nature of the 25% rule, seeking more rigorous proof, plaintiffs in patent infringement cases have tried turning to the Nash Bargaining Solution as a mathematical construct for calculating damages. So, how’s that going for them? Bookmark on DeliciousDigg this postRecommend on Facebookshare [...]
Royalty rates in pharma deals
A recent article in HeraldOnline quoted a Biopharma study and proclaimed the average royalty rate for deals with a pharma licensee to be between 11.74 to 14.9%, a report that was echoed elsewhere in the lay press. Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe to the comments on this [...]
Damages witnesses need to use “reliable” valuation methods
Damages witnesses justifying a reasonable royalty should bag the entire market value rule entirely and make sure any licenses submitted as evidence are, indeed, comparable. Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe to the comments on this post
What is a reasonable RAND royalty rate and range?
To ensure sophisticated electronic devices all work together, global standards-setting organizations (such as the International Telecommunications Union and the Institute of Electrical and Electronics Engineers) require member companies to license essential patents at “reasonable and non-discriminatory rates,” or RAND. Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe to the comments [...]
Moving marketing intangibles from a higher to a lower tax state is under international scrutiny
The transfer of intangible property from one enterprise to an affiliate resident in a different country can significantly reduce the tax burden of a company. Conversely, such transfers reduce the tax revenues in countries where higher tax rates are being avoided. Countries on the short end are attempting to expose the transfer of the intangibles [...]
Federal Circuit: Again, Georgia-Pacific is not a rule
In still another decision, Energy Transportation Group, Inc. v. William Demant Holding, 2012 LEXIS 21200 (Oct. 12, 2012), the U.S. Court of Appeals for the Federal Circuit reaffirmed that the 25% rule of thumb is a “fundamentally flawed tool for determining a baseline royalty rate” in patent infringement cases, citing its recent opinion in Uniloc [...]
What are cost sharing arrangements (CSAs)?
Cost sharing arrangements (CSAs) permit all foreign profits derived from exploiting developed intellectual property (IP) to be earned by foreign subsidiaries. CSAs are tax planning tools because foreign tax rates often are materially lower than the U.S. corporate tax rate of 35%, one of the highest in the world. Bookmark on DeliciousDigg this postRecommend on [...]
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