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Ongoing Confusion over Ongoing Royalties

Citation

Publication Date: 
March 28, 2011
Format: 
Working Paper
Bibliography: Mark A. Lemley, Ongoing Confusion over Ongoing Royalties, 76 Missouri Law Review 695 (2011) (also Stanford Public Law Working Paper No. 1793361 (2011)).

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What are patentees entitled to if they don't get an injunction? Courts have tended to award reasonable royalties, but there is considerable – and unnecessary confusion about who awards those royalties and how they are calculated. In this paper, I endeavor to answer those questions.