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Monday, March 29, 2010

A PARTY MUST SHOW ITS ROYALTY RATE WITH SUFFICIENT EVIDENCE

On 5 February 2010, the Court of Appeals for the Federal Circuit decided ResQNet.com, Inc. v. Lansa, IncThe Court held that a plaintiff must present 'sufficient evidence' of its royalty rate.  Defendant has no burden to present or rebut evidence if Plaintiff has not presented at least 'sufficient evidence.'

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