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United States: Navigating hypothetical negotiations

Maria Wyckoff Boyce and Steven J Mitby examine the impact of post-hypothetical negotiation events on reasonable royalty patent damages and offer practical tips for litigators and damages experts

In the United States, damages for patent infringement frequently take the form of a reasonable royalty on all or part of the infringer's infringing sales. Traditionally, reasonable royalty damages are based on what the jury determines the patent owner and...

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