The Limitations Of Analytical Approach To Reasonable Royalty
By Alan Cox, NERA Economic Consulting ( April 13, 2017, 12:28 PM EDT) -- A recent guest article in Law360, "Determining Reasonable Royalties With Analytical Approach" (March 3, 2017), points out that many products accused of infringing patents are complex and multifeatured, with only a portion of those features covered by the patents in litigation. The author then suggests that the analytical approach "may be a helpful tool in the complex analysis often required to determine a reasonable royalty." In fact, the actual implementation of the analytical approach has little basis in business practice or in economics, and is generally inappropriate for the valuation of intellectual property. It is especially unsuited for complex products. At best, it may be suited for the valuation of a single enhancement of a very simple product, such as an improved game call.[1] Even for simple products, it will frequently result in error since, as the analytical approach article demonstrates, its proponents suggest different methods of implementation, resulting in very different estimates of a reasonable royalty for the same innovation....
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