REJOINDER: Still An Inappropriate Reasonable Royalty Rule

Law360, New York ( August 28, 2015, 3:14 PM EDT) -- In their recent rebuttal article,[1] Michael Chapman and John Jarosz argue in favor of the patentee obtaining as reasonable royalty damages the entire incremental profit earned by the alleged infringer on the smallest salable patent practicing unit ("SSPPU"). In arguing for this form of apportionment, they make several arguments that are, not to put too fine a point on it, either incorrect or irrelevant. . . .

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