Patent Law | Expert Legal Commentary
June 1, 2010
ResQNet.com v. Lansa: Proper Calculation of Reasonable Royalty Rates
ResQNet.com Inc. v. Lansa, Inc.
By
Laura D. Castner of Zuber & Taillieu and Jan Jensen
The Federal Circuit clarified that extraneous and “inapposite” past license evidence should not be used to calculate reasonable royalty rates in patent infringement cases. In ResQNet.com Inc. v. Lansa, Inc., 594 F.3d 860 (Fed. Cir. 2010), the Federal Circuit court affirmed a district court finding of patent infringement, but reversed and remanded as to damages, holding that the plaintiff’s expert had relied on improper evidence to calculate the royalty rate. Specifically, the Federal Circuit Court found that past license evidence used to calculate royalty rates should be reasonably related to the claimed invention.
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About the Author
Laura D. Castner is a Counsel of Zuber & Taillieu, focusing on intellectual property litigation and arbitration.
Image Credit: ©iStockphoto.com/Mosich
