There has been limited success applying the Nash Bargaining Solution (NBS) in assigning intellectual property damages due to the difficulty of applying it to the specific facts of the case. Because of this, parties are not taking advantage of URLia-Pacific factor fifteen. The intent of this paper is to bring clarity to the NBS so it can be applied to the facts of a case. This paper normalizes the NBS and provides a methodology for determining the bargaining weight in Nash's solution. Several examples are shown demonstrating the use of this normalized form, and a nomograph is added for computational ease.
There has been limited success applying the Nash Bargaining Solution (NBS) in assigning intellectual property damages due to the difficulty of relating it to the specific facts of the case. Because of this, parties are not taking advantage of URLia-Pacific factor fifteen. This paper intends to bring clarity to the NBS so it can be applied to the facts of a case. This paper normalizes the NBS and provides a methodology for determining the bargaining weight in Nash's solution. Several examples demonstrate this normalized form, and a nomograph is added for computational ease.
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