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Are Case Predictions Part of the Hypothetical Negotiation?

Because a finding of patent infringement no longer automatically results in an injunction, courts have been struggling to determine the proper calculus for calculating post-verdict damages — or "ongoing royalty rates" — when the court declines to issue an injunction.

23 minute read July 29, 2009 at 10:14 AM
By
Michael D. Billok
Are Case Predictions Part of the Hypothetical Negotiation?

Some time ago, in a nondescript conference room chosen for its convenience, two parties negotiated a license. On one side of the long oak table sat the patentee; on the other, the infringer.

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