Henry V schreef:
Pagina 163 van Jury instructies!
"A royalty is a payment made to a patent holder in exchange for rights to make, use or sell
the claimed invention. A reasonable royalty is the payment that would have resulted from a
negotiation between a patent holder and the infringer taking place at a time when the infringing
sales first began. In considering the nature of this hypothetical negotiation, the focus is on what
the expectations of the patent holder and infringer would have been had they entered into an
agreement at that time and acted reasonably in their negotiations. However, you must assume
that both parties believed that the patents were valid and infringed. In addition, you must assume
that the patent holder and infringer were willing to enter into an agreement; your role is to
determine what that agreement would have been. The test for damages is what royalty would
have resulted from the hypothetical negotiation and not simply what either party would have
preferred."
Indien royalty wordt toegekend, zou de TRCA/IPSEN deal wel eens als uitgangspunt kunnen worden gebruikt; maw, toekennen van een royalty % van "Ipsen will pay royalties to Tercica on a sliding scale from 15% to 25% of net sales, in addition to a supply price of 20% of net sales of the product."
HV