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.»
However, the conclusion is critically dependent on the factors which are to be taken into account
in the hypothetical negotiation that is envisaged.
Not exact matches
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.
«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.
Instead, Arthur's intelligence fits purely within the «street - smart» rubric, best evidenced
in Legend of the Sword's most outwardly Ritchian scene,
in which Arthur plays out an entire
negotiation in hypothetical terms as the images show his detailed forecast of how a scheme will go.
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.
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).
The research studied settlement
negotiations in a
hypothetical personal injury case
in which a bicyclist injures a pedestrian.
But seeking out - of - this - world damages based on bizarre theories of what a
hypothetical negotiation would result
in is not the answer.