Intellectual Property

Injunctions, Sunset Royalties And Future Royalty Rates

Federal Circuit overturns lower court in video-on-demand case

Even after winning a patent infringement case, a plaintiff still may not get an injunction prohibiting ongoing infringement by the defendant. In ActiveVideo v. Verizon, Case No. 2011-1538 (Fed. Cir. Aug. 24, 2012) the U.S. Court of Appeals for the Federal Circuit further explained why that is, illustrated how various factors should be weighed to determine whether to issue an injunction, and offered guidance concerning how to calculate an appropriate royalty in the event an injunction does not issue.

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