The factors include established royalties, licensee profitability, the patent's commercial success, the nature of the invention, and the parties' relationship. Courts require that factors be tied to the specific evidence rather than recited.
Not all factors apply in every case.
Alternative Names:
Georgia-Pacific|Royalty Factors
Why it Matters?
Reciting factors without evidentiary support draws exclusion, since the Federal Circuit requires that each factor discussed be grounded in record evidence rather than assumed, and experts walking through all fifteen mechanically produce vulnerable opinions. Focusing on the three or four factors with genuine evidentiary support is more defensible. The rule against unapportioned entire market value calculations operates alongside the factors.
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What draws exclusion?
What approach is more defensible?
