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Message: Re: Reasonable royalties....Ronran
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Sep 27, 2013 10:26AM
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Sep 27, 2013 11:02AM
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Sep 27, 2013 11:04PM

< But in no event can a patentee be awarded more in litigation than what the original reasonable royalty would have been (plus damages for "willfulness",>

What is your basis for the above statement? It is essentially the opposite of what I have read, that being that the court can not award less than a reasonable royalty.

This is from one of many sites that contain such language.

<A reasonable royalty is the minimum permissible measure of damages set by the patent laws and is not necessarily the actual measure of damages, but is merely the floor below which damages should not fall. Accordingly, you may find damages in excess of a reasonable royalty if you find that the facts so warrant.>

http://www.modeljuryinstructions.com/tag/reasonable-royalty/

Opty

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