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"Motorola," Judge Posner wrote, "has provided no evidence for calculating a reasonable royalty".
And a reasonable royalty would not be inflated by the existence of the standard.
The question is, when (if ever) will artists see a reasonable royalty rate on their music being accessed "in the cloud"?
Qualcomm had offered to pay three times the amount of a "reasonable royalty" so that it could continue using Broadcom's patented technology with no injunction.
Ms. Cassady went on, "What amount do you find is a reasonable royalty on a per-unit basis for the total of twelve million five hundred and sixty-four thounits one hunitsd and seven units?
They can get what is called a compulsory license -- in effect, they seize a patent -- and manufacture or import a generic copy of a drug, paying the patentholder a reasonable royalty.
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She struck a good deal with "reasonable royalty payments" as long as she meets thresholds.
The ruling, according to Arti K. Rai, a professor at the Duke University School of Law, "fits into a long line of recent cases in which courts are squarely rejecting attempts by patentees to claim high reasonable royalty figures when the patent in question is a just a small piece of the product".
As expected, WiAV is seeking a permanent injunction against the smartphone makers, as well as damages and "reasonable" royalty fees, plus interest.
For his company, and for the benefit of innovation in general, he urged for more reasonable royalty rates to be applied to online radio.
Interlink Electronics filed a patent-infringement lawsuit against Nintendo over the pointing functionality of the Wii Remote, claiming "loss of reasonable royalties, reduced sales and/or lost profits as a result of the infringing activities" of Nintendo.
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CEO of Professional Science Editing for Scientists @ prosciediting.com