Calculation Method and Development Trends towards Reasonable Royalty Damages for U.S. Patent Infringement

For recent development trends towards reasonable royalty, namely the calculation
mode of royalty for standard-essential patents and ongoing royalties, this
Article also gave analysis and introductions. While calculating royalties for standard-essential
patents, it was not exactly the same as that of reasonable royalty,
especially whether patentee fulfills fair, reasonable and nondiscriminatory obligation
or whether it resulted patent holdup, royalty stacking and caused impairment
for competition, damage of consumer benefits, which has become the focus in the
American scholars and pragmatic industry in recent years, the United States District
Courts have diversified statuses about calculation of such royalty, and the Federal
Circuit gave the guiding principles at Ericsson v. D-Link case. In addition, in
regards to the issue of infringer still continues to infringe Ongoing Royalties after
jury verdict and affirmed infringement for patent rights, the Federal Circuit Court
did not explicitly indicate calculation method even through it expressed several
principles, this article analyzed the comments that gave by the judges at the Eastern
District of Texas about the case of Mondis Technology Ltd. v. Chimei InnoLux
Corp., as well as the different viewpoints made by scholars, so as to set up calculation
framework for ongoing royalty, and raised for critical advice.