‘Reasonable Royalties’, a chapter authored by seven esteemed law professors in Patent Remedies and Complex Products: Toward a Global Consensus, provides a wide-ranging analysis of a complicated topic. Directed to patent specialists, this work offers proposals for substantive change aimed toward worldwide adoption. Several of these ideas might require significant judicial oversight, or, alternatively, that legal authorities reformulate existing law. Because of their complexity, many of these proposals are implementable in jurisdictions where damages are set by the court. Where juries are assigned that role, a reexamination of their fact-finding role in that process is necessary.
Landers, Amy L, Reasonable Royalties in ‘Patent Remedies and Complex Products: Toward a Global Consensus’ (July 8, 2020). 60 Jurimetrics 389 (Summer 2020).