Patent Infringement: Compensation and 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.
Publisher: ALM
eBook :epub
$772.00
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ISBN: 9781588522993
Publisher: ALM
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Book Edition: 25

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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