Sentences with phrase «frand damages part»

Google's primary attack vector against the FRAND damages part of Judge Posner's ruling is that traditionally any patent damages based on a reasonable - royalties theory must be calculated as per the date when infringement began, not an earlier date.

Not exact matches

«Reining in Remedies in Patent Litigation: Three (Increasingly Immodest) Proposals» proposes that injunctions be unavailable over FRAND - pledged SEPs, advocates apportionment of the disgorgement of an infringer's profits that a design patent holder can seek (this approach would have taken care of a substantial part of the damages issue in Apple v. Samsung, for example), and finally — which is the most ambitious part but makes a lot of sense to me — elaborates in the form of a «thought experiment» on an idea Judge Posner tossed out a few month ago: for a «wide swath of U.S. patent cases» it might be preferable to avoid juries.