학술논문

A Primer on Patent Damages.
Document Type
Article
Source
IP Litigator. Mar/Apr2024, Vol. 30 Issue 2, p1-6. 6p.
Subject
*DAMAGES (Law)
*CONTRACTS
*NORMATIVE economics
*PATENTS
*PATENT infringement
Language
ISSN
1086-914X
Abstract
This article offers a comprehensive overview of the methods and factors involved in quantifying monetary remedies in patent infringement cases. It explains the difference between damages and restitution and explores the economic model of relief for patent infringement. The article discusses the statutory provisions governing the award of damages and the choice between lost profits and reasonable royalties as methods for seeking monetary relief. It also delves into the requirements and considerations for establishing lost profits and outlines various factors and approaches for quantifying damages. The concept of a reasonable royalty and the approaches used to determine it are explained, along with the Georgia-Pacific factors as a framework for conducting a reasonable royalty analysis. The article emphasizes the complexity of the law and economics surrounding these remedies and encourages further research on the topic. However, it is important to note that the article does not constitute legal advice, and readers should consult their own attorney for specific legal matters. [Extracted from the article]