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Digital will be seeking a reasonable royalty applied to the sales of Axon's products that have been accused of infringement, which it believes will amount to significant monetary damages, as well as an injunction and/or an accounting of damages for future sales.
com)-- The Knowledge Group/The Knowledge Congress Live Webcast Series, the leading producer of regulatory focused webcasts, has announced today that Lindsey Fisher, Director, Stout will speak at the Knowledge Congress' webcast entitled: "Determining Reasonable Royalty Damages: Fundamentals, Methodologies, and Key Issues Explored Live Webcast.
The complaint fails to allege that Qualcomm charges more than a reasonable royalty.
A reasonable royalty is often defined as payment that a patent holder and the infringer would have agreed to in a hypothetical negotiation taking place at the time prior to when the infringement first began.
Further, in exceptional circumstances where an injunction would be inequitable, the court may condition future use of the trade secret upon payment of a reasonable royalty for a period of time no longer than the period for which such use could have been prohibited by injunctive relief.
9) In applying this principle, however, the courts have failed to make the adjustments necessary to reach the intended results in the common case of innocent infringement, in which license agreements and reasonable royalty determinations occur after the technology user has infringed the patented technology.
Lack of clarity about appropriate evidence of and methodologies for setting a reasonable royalty for the infringed patent permits unreasonable claims.
In the utility patent context, the calculation of monetary damages is usually limited to establishing the patentee's lost profits or determining what a reasonable royalty for the patented technology would be.
The Patent Act, Reasonable Royalty, and Lost Profits
This Comment contends that compulsory licensing can ensure that individuals will still be compensated for their investments and inventive labor through the establishment of a reasonable royalty rate, while efficient commercialization practices and increased use of emerging technologies will benefit society.
Information Generated After the Date of the Hypothetical Reasonable Royalty Negotiation 3.
Courts had created the reasonable royalty as a response to the situation