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Re: coolerheadsprevail post# 31515

Sunday, 04/14/2013 10:34:58 PM

Sunday, April 14, 2013 10:34:58 PM

Post# of 68424
CHP

The standard for post trial rr rates is called a modified Georgia-Pacific analysis.

One approach, probably the more prevalent approach, is represented by Judge Folsom’s widely followed decision in Paice.

These courts, following the Supreme Court dicta in Adamo, conclude the post-verdict period is fundamentally different from the pre-judgment royalty rate because of the change circumstances of the parties. These courts attempt to divine an
ongoing royalty rate independent of the jury’s verdict, perhaps by applying a modified set of
Georgia-Pacific factors or by evaluating the changed economic positions of the parties based on the factors listed in Adamo. However, the jury's verdict remains a useful guidepost in the analysis in most of useful guidepost these cases and few cases dismiss the jury verdict entirely or treat it as a “false premise.”