Uniloc v Microsoft - Federal Circuit ends 25% royalty rule for patent infringement cases

摘要

In a mixed verdict for security software firm Uniloc, the Court of Appeals for the Federal Circuit (CAFC) has affirmed that Microsoft infringed Uniloc's patent for software anti-piracy technology. However, the court ordered a recalculation of damages due to Uniloc, ruling that the 25% "rule of thumb" for calculating such damages was "fundamentally flawed". The CAFC also ruled that Microsoft's infringement of Uniloc's patent was not 'wilful'.