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In 2014, Oracle sued SAP for copyright infringement. Assume that both sides agree that the damages should be calculated by a reasonable royalty. The date of infringement is 2012, but the trial date is 2015. The hypothetical negotiation must occur in 2012. What are the best arguments for and against use of information about the market that could only be learned in 2013-2014? .

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In 2014, Oracle sued SAP for copyright infringement. Assume that both sides agree that the damages should be calculated by a reasonable royalty. The date of infringement is 2012, but the trial date is 2015. The hypothetical negotiation must occur in 2012. What are the best arguments for and against use of information about the market that could only be learned in 2013-2014?

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