Additional Guidance from the Federal Circuit on Reasonable Royalty Damages

By Michael K. Milani, managing director of Ocean Tomo and Eric Carnick, director of Ocean Tomo

The recent decision by the Federal Circuit in Carnegie Mellon v. Marvel provides further insight into several considerations that are important to the determination of reasonable royalty damages in patent infringement actions. To that point, not only did the Court discuss certain criteria, which qualifies an expert to render an opinion, but it also provided additional guidance specific to the determination of the form and amount of a reasonable royalty, and the extraterritorial reach of damages awards overall.

LES: A Voice for Sound Patent Law and Policy

By Bradley J. Olson, partner of Barnes & Thornburg, LLP

The LES Public Policy Committee has been busy taking advantage of the summer Congressional recess to address initiatives pending before the United States Congress on patent litigation reform. LES supports balanced, measured legislation to curb litigation abuse. An example worthy of Congress’s attention is the STRONG Patents Act of 2015 (S. 632), which LES supports. However, two alternative bills are commanding greater attention, and are at a more advanced stage. The committee sent position letters to Congress expressing concerns with those bills, i.e., H.R. 9 (The Innovation Act) and S. 1137 (The PATENT Act). The letters were duly approved by the Executive Committee of the LES Board of Trustees.

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Licensing Resource Guide