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A Unified Framework For Rand And Other Reasonable Royalties, Richard J. Gilbert, Jorge L. Contreras
A Unified Framework For Rand And Other Reasonable Royalties, Richard J. Gilbert, Jorge L. Contreras
Richard J Gilbert
The framework for calculating “reasonable royalty” patent damages has evolved over the years to a point at which, today, it is viewed by many commentators as potentially misleading and untethered from its original purpose. We offer a proposal to modify the framework for determining reasonable patent royalties that is based on recent scholarly and judicial analyses of standards-essential patents that are subject to commitments to license on terms that are reasonable and non-discriminatory (RAND).
Many standard setting organizations require owners of patents that are essential to a standard to license those patents on RAND terms, but typically offer little specific …