Posted On: February 21, 2012
Royalties Expert Witness On The Entire Market Rule
In REASONABLE ROYALTIES AND THE ENTIRE MARKET VALUE RULE, royalties expert witness Michael A. Einhorn, Ph.D. writes:
Market-based royalty agreements based on negotiated bases and rates in comparable licenses then are practical guideposts that any court can consider in determining a reasonable royalty benchmark. There is no reason to attempt to determine whether the licensed feature drives demand. Nor is there much need to ponder whether the individual infringing and non-infringing components are sold together so that they constitute a functional unit or are parts of a complete machine or single assembly of parts, nor whether the component have a real or anticipated financial basis for market demand, single assembly, and a functional unit basis for market demand, single assembly, and a functional unit.
