Category: Damages

Bear Stearns’ Defendants and Deloitte Face Significant Exposure

In a nearly 400-page opinion in January, a Manhattan federal judge (Robert Sweet) denied motions to dismiss a securities class action against Bear Stearns, Deloitte & Touche, and seven individual defendants.  As one might imagine from its length, the Court thoroughly addresses the allegations, and rebutted the defendants’ reasons for dismissal.   Here is a background …

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Permanent link to this article: http://betweenthenumbers.net/2011/02/bear-sterns%e2%80%99-defendants-and-deloitte-face-significant-exposure/

Royalty Rule of Thumb Gets the Boot

The Federal Circuit ruled in Uniloc USA, Inc. v. Microsoft Corp. (January 4, 2011) that the widely used but fatally flawed 25 percent rule can no longer be part of reasonable royalty damages calculations. The rule has been widely used to calculate reasonable royalty damages for over two decades. Generally speaking, the rule pushed patent …

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Permanent link to this article: http://betweenthenumbers.net/2011/01/royalty-rule-of-thumb-gets-the-boot/