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 and Jan Jensen of Zuber & Taillieu LLP
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 Authors
Laura D. Castner is a Counsel of Zuber & Taillieu LLP, focusing on intellectual property litigation and arbitration.
Jan Jensen is a Partner of Zuber & Taillieu LLP, focusing on intellectual property law and media and entertainment law.
Image Credit: ©iStockphoto.com/Mosich
View a PDF of the judicial opinion