California’s Northern District Court Excludes Expert Damages Testimony That Based Royalty Rate On Patents’ Hold-up Value

By | Essential Patent Blog | April 23, 2014

With standard-essential-patent (SEP) damages discussions frequently focused on how to calculate a RAND rate, one can sometimes forget that not all SEPs are subject to [F]RAND obligations, which raises the issue whether and to what extent a reasonable royalty rate would be different between RAND and non-RAND encumbered patents.