Ex ante negotiation

Definition
Ex ante negotiation (also Hypothetical ex ante negotiation) is a

"[c]oncept used to determine a reasonable royalty by reference to the outcome of a hypothetical negotiation between a patent owner and an infringer that takes place before the beginning of the infringement. In the context of SEPs, the timing of the hypothetical ex ante negotiation is often modified, e.g., set before a standard was developed."