Court rejects shortcut in favor of detailed analysis
Abstract: A common rule of thumb for calculating reasonable royalties in patent infringement cases has been to presume the inventor and manufacturer split pretax profits 25/75. In Uniloc USA Inc. v. Microsoft Corporation, the U.S. Court of Appeals for the Federal Circuit called this methodology “fundamentally flawed.” This brief article summarizes this case, noting that the decision underscores the importance of hiring a credentialed financial expert and establishing a solid connection between an expert’s analytical tools and case facts. Citations: Uniloc USA Inc. v. Microsoft Corporation, Case Nos. 2010-1035 and 2010-1055, Fed. Cir., Jan. 4, 2011. Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 589, 1983.