The Federal Circuit's decision in Altria v. R.J. Reynolds offers crucial insights into patent damages methodology, particularly concerning comparable licenses and apportionment.
The court examined how Altria’s expert derived a 5.25% royalty rate from comparable licenses, specifically through an agreement between Fontem and Nu Mark.
According to Altria’s expert, using Nu Mark’s sales projections with the 5.25% royalty would yield around $44 million, aligning closely with the $43 million lump-sum payment.
This case builds on established precedent from Lucent Technologies, emphasizing the need for careful apportionment and consideration of how damages relate to the patented invention.
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