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“A methodical seven-step approach to the estimation of patent compensation and damages.”
– Legal Information Alert
When a patent has been infringed, there's usually aprice to pay, whether it's the result of a trial verdict or a negotiatedsettlement. Even when compensation for patent infringement is a certainty,determining the right amount is a complex matter involving the interplay ofmany legal and financial variables.
Patent Infringement: Compensation and Damages
is a complete, concise and detailed guide. Itexplains each step, from a finding of infringement to a determination ofdamages. The process starts with determining the damages period and damagesbase, from both a product and a geographic perspective. Next, the appropriatetheory—reasonable royalty or lost profits—is applied. Then enhancements orlimitations are considered, as well as the likelihood andeffect 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.
Book #00682; looseleaf, one volume, 384 pages; published in 2006, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-137-8
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