ARTICLE · 01 FEBRUARY 2011

IP Update, Vol. 14, No. 1, January 2011

McDermott Will & Emery

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The U.S. Court of Appeals for the Federal Circuit held that the 25 percent rule of thumb, often used as a tool for determining a baseline royalty rate in a hypothetical negotiation, is a fundamentally flawed.

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Leigh Martinson

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Patents

The 25 Percent Rule Is Fundamentally Flawed

Joint Patent Infringement Requires Agency or Contractual Obligation

Federal Circuit Rejects Use of eBay Factors in Determining Propriety of ITC Exclusion Order

Reading the Inequitable Conduct Tea Leaves in Advance of Therasense

Standard Used for Objective Baselessness Under 35 U.S.C. §285 is the Same as Objective Recklessness Under 35 U.S.C. §284

On Remand from Supreme Court, Medical Method of Treatment Claims Found to Be Patentable Subject Matter

Licensee Can Be "Exclusive" for Standing Even Where Others Have Rights to License the Patents-In-Suit

Venue Not Subject to Construct Manipulation

Evidence of Commercial Success Does Not Require Evidence Supporting Every Implementation of the Invention

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