Patent Infringement: Compensation and Damages

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 an authoritative resource for attorneys, litigators, and patent professionals tasked with navigating the complex terrain of patent damages. Whether a case ends in a courtroom verdict or a negotiated settlement, determining the appropriate compensation for patent infringement involves a detailed analysis of legal principles and financial metrics. This essential resource walks through every step of the damages process, beginning with how to define the damages period and establish a proper damages base taking into account both product scope and geographic reach. It then explores the two primary compensation models: reasonable royalty and lost profits, providing guidance on when and how to apply each. Strategic considerations are discussed in detail, including the impact of injunctions and the role of expert testimony. Unique doctrines specific to patent law such as the entire market value rule and convoyed sales are analyzed for their influence on outcomes. Patent Infringement: Compensation and Damages is an indispensable tool for anyone seeking to maximize value and mitigate risk in patent litigation.

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