Legal Business – Patent Infringement and Compensation

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 infringment 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, shows you the method 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.

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Title Index:

Determining the Damages Period
– 1.01 Introduction
– 1.02 The Outer Boundary for the Damages Period
– 1.03 Determining When Infringement Starts
– 1.04 Public Policy Behind the Marking/Notice Requirement
– 1.05 Marking/Notice Statute Limits on Damages
– 1.06 Other Limitations and Extensions
– 1.07 Questions of Fact and Questions of Law

Determining the Damages Base
– 2.01 Introduction
– 2.02 Product Scope of the Damages Base
– 2.03 Geographic Scope of the Damages Base

Established Royalty Measure of Damages
– 3.01 Introduction
– 3.02 Determining Whether Established Royalty Exists
– 3.03 Effects on Adequate Compensation

Reasonable Royalty Measure of Damages
– 4.01 Introduction
– 4.02 The Hypothetical Negotiation
– 4.03 Reasonable Royalty in the Hypothetical Negotiation
– 4.04 Other Approaches
– 4.05 Applying Enhancements and Limitations
– 4.06 Post Judgment Royalty

Lost Profits Measure of Damages
– 5.01 Introduction
– 5.02 Application of the Panduit Factors
– 5.03 The Holding Company Issue

Multiple Recovery, Authorization, and Indemnification
– 6.01 Introduction
– 6.02 Multiple Recovery and Authorization-Multiple Infringer
– 6.03 Multiple Infringing Acts
– 6.04 Indemnification
– 6.05 Joint Infringement

Enhancements to Damages
– 7.01 Introduction
– 7.02 Increased Damages Under the Damages Statute
– 7.03 Attorney Fees Under the Damages Statute
– 7.04 Prejudgment Interest Under Damages Statute

Proving Damages
– 8.01 Introduction
– 8.02 Expert Testimony
– 8.03 Record Retention

Damages Accounting Issues
– 9.01 Introduction
– 9.02 Assessing Expert Testimony: Accounting Standards for Reliability
– 9.03 Accounting Issues in Reasonable Royalty Determination
– 9.04 Accounting Issues in Lost Profits Determination
– 9.05 Sources of Information to Support Estimation of Damages
– 9.06 Internal Accounting for Damages Awards

Injunctive Relief
– 10.01 Introduction and Historical Background
– 10.02 Equitable Standards Test
– 10.03 Preliminary (Temporary) Injunctions


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Online Access (Single User): EUR 372
Hard Copy and Online Access (Single User): EUR 389

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