Uniloc v. Microsoft – Federal Circuit rejects “25% rule” for patent damages
Abstract: Financial experts may use certain theoretical tools — or rules of thumb — to calculate infringement damages. But in Uniloc USA Inc. v. Microsoft Corp., the U.S. Court of Appeals for the Federal Circuit made it clear that experts should base their calculations on a case’s facts, rather than rely on abstract theoretical tools, especially those used arbitrarily. This article explains why the court decided the commonly used “25% rule” and “entire market value” rule were improper in this case. A sidebar notes that the court reaffirmed the use of the Georgia-Pacific factors to frame the question of reasonable royalties in patent infringement cases.