In this case, the Court has crystallized and reiterated several patent principles relating to patentability under Section 3(k), novelty, inventive step, infringement of Standard Essential Patents (SEPs), Exhaustion, FRAND royalty determination, and so on. Along with other principles, the Court has also outlined the principles for grant of actual costs.
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Patent Damages: How Much is Too Much?
The Uniloc v Microsoft case has reignited the debate on calculating patent damages, with the US Federal Circuit rejecting the 25 percent rule as a basis for reasonable royalty. This decision is likely to shape future patent infringement litigation both in the US and globally.
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