Practical Guidance
Time-saving Solutions
Knowledgeable Insights

Winning the Patent Damages Case

Winning the Patent Damages Case is a guide for patent litigators and in-house counsel who are either considering an action for patent infringement or who are facing the spectre of a lengthy, expensive litigation.
Publisher: Matthew Bender

Select a format

Print Book :Softbound
2018 Edition
ISBN: 9781522167372
In Stock
Price
$261.00
QTY
eBook :epub
2018 Edition
ISBN: 9781522167389
In Stock
Price
$261.00
QTY
eBook :mobi
2018 Edition
ISBN: 9781522167389
In Stock
Price
$261.00
QTY
International Order Inquiry

Product details

Winning the Patent Damages Case, originally authored by Richard F. Cauley, is a guide for patent litigators and in-house counsel who are either considering an action for patent infringement or who are facing the spectre of a lengthy, expensive litigation. It offers readers an analytical framework for determining the likely damages award in a patent case, which is critical to the decision of whether to settle the case and for how much. It provides valuable information on how to structure the patent case from the outset and assists accused infringers in how to prepare a “shadow” damages case that may result in a much more reasonable damages award in the event of a loss. The book also provides practical suggestions on how to select and work with a damages expert.

The 2016 Edition by the Continuing Author Stephen A. Holzen analyzes the complex economic issues that arise in patent litigation and presents case law research in an accessible format. This essential reference guide focuses on key factors that should be considered when quantifying damages in patent infringement matters.

Features

• Written by an expert practitioner with over twenty years of trial experience in complex patent infringement, trademark, and copyright litigation
• Provides patent litigators and in-house counsel with multiple perspectives and a wealth of strategic information regarding patent infringement claims and awarded damages
• Organizes vital aspects of a patent damages case, including the key factors in determining reasonable royalty rate evaluations of the various prosecution and defense strategies, and helpful tips on how to build the best possible case

Authors / Contributors

Table of Contents


PART I: BACKGROUND AND INITIAL CONSIDERATIONS OF THE PATENT DAMAGES CASE

CHAPTER 1 Winning the Reasonable Royalty Case

CHAPTER 2 Introducing the Combatants

CHAPTER 3 Stranger Than Fiction: Imagining the Hypothetical Negotiation



PART II: A STRATEGIC LOOK AT THE GEORGIA-PACIFIC FACTORS

CHAPTER 4 Finding the Price of the Patent

CHAPTER 5 Gauging the Infringer’s Price Range: Licensing-In Practices

CHAPTER 6 Keeping It Exclusive: How Valuable Is That License?

CHAPTER 7 Keeping It to Yourself: The Hypothetical Negotiation Where the Seller Does Not Want to Sell

CHAPTER 8 Selling Your Enemy the Stick to Beat You With: The Hypothetical Negotiation Where the Plaintiff and Defendant Compete

CHAPTER 9 Impacts on the Royalty Based On Unpatented Products

CHAPTER 10 How Much Time is Left? The Effect of an Expiring Patent

CHAPTER 11 Buy My Product, Buy My Patent! How the Success of a Patent owner’s (or Even an Infringer’s) Product Can Raise the Royalty Rate

CHAPTER 12 Why New and Improved Costs More Than the Old Stuff

CHAPTER 13 Industry Licensing Practices

CHAPTER 14 Allocating the Value of the Patented Component



PART III: WINNING THE LOST-PROFITS CASE

CHAPTER 15 Overview of Lost Profits

CHAPTER 16 Proving Entitlement To Lost Profits Damages

CHAPTER 17 Lost Profits on Unpatented Products and Components

CHAPTER 18 Price Erosion Claims