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whizzeresq

03/01/08 4:14 PM

#208203 RE: The Count #208198

Count--My recollection is that the instructions that are given to a jury to decide a fair and reasonable rate if they find patent infringement basically state that the jury may consider existing licensing rates that have been voluntarily entered into by the patent holder and others without litigation but that they should also consider that the value of such patents may increase after litigation because any uncertainties about their validity or whether they are being infringed is resolved against the infringer after trial.