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Monday, February 13, 2006 9:29:25 PM
The royalty rate for damages purposes is not determined by a mechanical formula of
3.5% divided by 6 = ~.6% per invention
Implying that it is so determined is sophistry.
There was a notion by some longs that a one claim win will still get them ~5% royalty. This was the basis of the discussion. Pretty much all our calculations at iHub are seat of the pants. If you want to razzle and dazzle us, please be my guest.
An analysis like Tate's would have to be done AS TO THAT INVENTION as of the time of the infringement. What Rambus was asking as a rate long before the infringement in question is of little probative value.
And that's when he conducted the analysis; right after the patents pretaining to DDR and SDRAM were issued. Do you have problems with that?
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