Methodologies For Calculating FRAND Damages: Part 2


In the first installment of this series, we discussed the primary concerns underlying FRAND licensing rate and damages assessments, namely patent hold-up and royalty stacking. We concluded part 1 by observing that a FRAND rate assessment focused on the value to the standard and products embodying the standard to which the standard-essential patent portfolio at issue has contributed will necessarily avoid hold-up and royalty stacking. Part 2 of the FRAND Damages series, turns to the methodologies proposed to and relied on by courts for linking FRAND royalties and damages.

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