NERA presented another in an occasional series of luncheon seminars on timely topics in intellectual property law. On Thursday, 25 October 2007 in Los Angeles, David Enzminger of O'Melveny & Myers joined NERA Senior Vice President Dr. Lawrence Wu for a panel discussion entitled "Comparables: The Use and Misuse of Benchmark Royalty Rates for Patent Damages." The panelists discussed:
- how to determine if a license for a technology is comparable or if the so-called benchmark royalty is relevant,
- the reasoning behind the use of commonly applied benchmarks and when it make sense to use these benchmarks, and
- how courts, juries, and attorneys view analyses based on benchmarks or comparables.