Patent Infringement: Compensation and Damages
When a patent has been infringed, there's usually a price to pay, whether it's the result of a trial verdict or a negotiated settlement. Even when compensation for patent infringement is a certainty,determining the right amount is a complex matter involving the interplay of many legal and financial variables.
Patent Infringement: Compensation and Damages is a complete, concise and detailed guide. It explains each step, from a finding of infringement to a determination of damages. The process starts with determining the damages period and damages base, from both a product and a geographic perspective. Next, the appropriate theory—reasonable royalty or lost profits—is applied. Then enhancements or limitations are considered, as well as the likelihood and effect of an injunction. The book shows you the methods used, the possible variations, the unique patent law doctrines that may apply, and the strategies to consider in seeking terms most advantageous to your client. The book also examines how awards of damages are treated under accounting rules and discusses the admissibility of evidence from expert witnesses respecting damages.
Patent Infringement: Compensation and Damages equips you with legal and practical insights that will keep you one step ahead of opposing counsel. Don't try or settle another case without it.
Table of Contents
Chapter 1: Determining the Damages Period
Chapter 2: Determining the Damages Base
Chapter 3: Established Royalty Measure of Damages
Chapter 4: Reasonable Royalty Measure of Damages
Chapter 5: Lost Profits Measure of Damages
Chapter 6: Limitations on Damages
Chapter 7: Enhancements to Damages
Chapter 8: Proving Damages
Chapter 9: Damages Accounting Issues
Chapter 10: Injunctive Relief and the International Trade Commission