The U.S. Court of Appeals for the Federal Circuit ruled in January that the longstanding “25 percent rule of thumb” standard used by damages experts in patent infringement cases to calculate a reasonable royalty was “fundamentally flawed.”
The court’s ruling striking down the 25 percent rule has important implications for patent damages in both existing and future litigation. However, it was not the only notable patent decision of the past year that impacted the issue of patent damages.
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