Oblon, Spivak’s Thomas Fisher quoted in Inside Counsel on the Federal Circuit’s Decision in Uniloc v. Microsoft
Oblon, Spivak's Thomas Fisher is quoted in a recent Inside Counsel article on the Federal Circuit's decision in Uniloc v. Microsoft regarding the 25 percent rule of thumb used in calculating patent infringement damages: arbitrary methods of calculation are no longer acceptable. Parties seeking damages will have to use alternative methods of calculating damages, such as licensing agreements. In the article, Mr. Fisher said "When entering into a licensing agreement, you should consider whether the agreement is going to be usable in litigation to support a similar royalty rate". "You’re trying to determine what a willing licensee and a willing licensor would have arrived at. If you can show that a license agreement to a similar feature was negotiated between similarly situated parties, then that agreement will be persuasive in the litigation, and a similar value should be arrived at."
Please go to the above link to read the full article.