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Determinants of Patent Value in U.S. Litigation
Part One of this series discussed reasonable royalty damages and the questions that a prospective litigant can ask to evaluate its litigation exposure. This month's installment continues the discussion of those questions.
3) To what extent would the accused infringer expect to make additional profits if it were granted a license to the patented technology? In addition to non-infringing alternatives and historical license agreements, the courts often allow evidence on both: a) the amount of profit that the alleged infringer stands to earn as a result of employing the patented technology, and b) the portion of that realizable profit that should be credited to the patented invention as distinguished from non-patented elements (e.g., the manufacturing process, business risks, or significant features or improvements added by the alleged infringer). If the profitability of the accused products is unknown to the prospective litigant, an estimate of firm and/or industry profitability may be obtained from EDGAR online (www.edgaronline.com), the Cost of Capital Yearbook published by Morningstar (www.morningstar.com), or Annual Statement Studies published by The Risk Management Association (www.rmahq.org). The portion of realizable profits that should be credited to the patented invention often requires an evaluation of qualitative business issues.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."