About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

41 IDEA 49 (2001-2002)
An Analytical Solution to Reasonable Royalty Rate Calculations

handle is hein.journals/idea41 and id is 61 raw text is: AN ANALYTICAL SOLUTION TO REASONABLE ROYALTY RATE CALCULATIONS WILLIAM CHOI AND ROY WEINSTEIN* I. ABSTRACT Today's courts are increasingly encouraging the use of more rigor- ous scientific approaches to royalty rate calculations. The technique proposed in this study applies a classic, peer-reviewed game theory model to a hypothetical negotiation to yield an efficient and fair result. This model can be used to supplement the often-used Georgia-Pacific factors to calculate a reasonable royalty rate in infringement cases.' In the context of Mr. William Choi is a Director at Micronomics, Inc., an InteCap company, located in Los Angeles. He received a B.S. in 1993 from University of California-Riverside and a Ph.D. in 1999 from Duke University. Mr. Roy Weinstein is a Managing Director at Micronomics, Inc., an InteCap company, located in Los Angeles. He received a B.B.A. in 1964 from City College New York and an M.A. in 1967 from University of Chicago. This paper reflects the opinions of the authors and not those of InteCap, Inc. The concepts and theories covered by this presentation are not intended to be all-inclusive on the topic of reasonable royalties. The concepts are for illustrative purposes and may not represent approaches that the authors or InteCap would recommend in a particular matter. The reader should keep in mind that each case should be evaluated in light of its own facts and circumstances. Georgia-Pacific Corp. v. United States Plywood Corp., 318 F. Supp. 1116, 166 U.S.P.Q. (BNA) 235 (S.D.N.Y. 1970). The Georgia-Pacific factors are: 1. The royalties received by the patentee for the licensing of the patent in suit, proving or tending to prove an established royalty. 2. The rates paid by the licensee for the use of other patents comparable to the patent in suit. 3. The nature and scope of the license, as exclusive or non-exclusive; or as restricted or non-restricted in terms of territory or with respect to .whom the manufactured product may be sold. Volume 41 - Number 1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most