Extract to table

A comparable license must bear a sufficient economic and technological relationship to the hypothetical negotiation at issue to provide a reliable basis for the royalty calculation

Conclusory assertions of comparability are insufficient; the proponent of a comparable license must articulate a principled basis for linking the license terms to the facts of the case

Differences in license structure must be accounted for

The scope of the license — exclusive versus non-exclusive, worldwide versus geographically limited, and any field-of-use restrictions — must also be considered

In Uniloc, the court rejected the use of the "25 percent rule of thumb" as lacking a sufficient economic foundation and reiterated that damages calculations must be tethered to the specific facts of the case

(2) Market Comparability: The licensed products must be sold into the hyperscale data-center and/or telecom interconnect markets — the same markets in which OWS and Lumicore compete