Sentences with phrase «hypothetical negotiation»

«Neither side in hypothetical negotiations could have known that 38 terminated dealers would reject the WDAs,» reads the decision.

By staging hypothetical negotiation exercises where participants were split in to high - and low - ranking positions, researchers from San Diego University and Columbia University found that listeners could detect which individuals had the upper hand.

Each group then read aloud a passage pertaining to the hypothetical negotiation.

«Many leading British business people warned the prime minister that promising a referendum on a hypothetical negotiation, on an uncertain outcome at some point in the future will put at risk inward investment.

Justice Phelan noted that the United States Court of Appeal for the Federal Circuit had «destroyed this 25 % rule» when it had stated «This court now holds as a matter of Federal Circuit law that the 25 percent rule of thumb is a fundamentally flawed tool for determining a baseline royalty rate in a hypothetical negotiation.»

The court found that the expert's reasonable royalty opinion was unreliable, being based upon a single litigation settlement that (a) occurred 5 years after the hypothetical negotiation,... LEARN MORE

Courts in the past have recognized that the litigation uncertainty involved in settlement agreements might depress the agreed - upon royalty rates as compared to the hypothetical negotiation where infringement and validity are assumed.

In short, a «reasonable royalty» is an approximation of what defendant would have paid plaintiff after a hypothetical negotiation for the rights at issue.

as a matter of Federal Circuit law the 25 % rule of thumb is a «fundamentally flawed tool for determining a baseline royalty rate in a hypothetical negotiation».

Just over six years ago, in a January 2011 Uniloc v. Microsoft case, the Federal Circuit stated that as a matter of Federal Circuit law the 25 % rule of thumb is a «fundamentally flawed tool for determining a baseline royalty rate in a hypothetical negotiation».

The court found that the expert's reasonable royalty opinion was unreliable, being based upon a single litigation settlement that (a) occurred 5 years after the hypothetical negotiation, (b) pertained to a different patent, and (c) accompanied no analysis of comparability.

The correct approach to the assessment of damages in such a case is the «hypothetical negotiation» approach (based on what the landlord would have paid on a hypothetical negotiation for the grant of the necessary rights).

However, the conclusion is critically dependent on the factors which are to be taken into account in the hypothetical negotiation that is envisaged.

But seeking out - of - this - world damages based on bizarre theories of what a hypothetical negotiation would result in is not the answer.