The Georgia-Pacific Reasonable Royalty Factors Applicable by Analogy to Trade Secret Cases

• Author: Joanna H. Kim-Brunetti - Jeffrey K. Riffer - Gregory S. Bombard - Emily J. Friedman
• Pages: 319-320

319

APPENDIX K

The Georgia-Pacific

Reasonable Royalty

Factors Applicable

by Analogy to Trade

Secret Cases

1. The royalties received by the plaintiff for the licensing of the trade

secrets to others, which may prove an established royalty;

2. The rates paid by the defendant for the use of other trade secrets

comparable to the trade secret in suit;

3. The nature and scope of the license, as exclusive or non- exclusive,

or as restricted or non-restricted in terms of territory or w ith

respect to whom the manufactured product may be sold;

4. The plaintiff’s established policy and marketing program to main-

tain its trade secret by not licensing others to use the invention

or by granting licenses under special conditions designed to pre-

serve the trade secret;

5. The commercial relationship between the plaintiff and defendant,

such as, whether they are competitors in the same territory in the

same line of business, or whether they are inventor and promoter;

6. The effect of selling the trade secret product in promoting sales

of other products of the defendant, the existing value of the t rade

secret to the plaintiff as a generator of sales of its non-trade secret

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