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Ongoing Confusion over Ongoing Royalties


Publication Date: 
March 28, 2011
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)).


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.