Economic Analysis of Lost Profits from Patent Infringement with and Without Noninfringing Substitutes PDF Download

Author: Gregory J. Werden
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

View

Book Description
This paper explains how basic microeconomics can be used to assess lost profits from patent infringement. The main suggested analysis is an adaptation of merger simulation. Observed prices and quantities are combined with estimated demand parameters to calibrate a model of the industry with infringement. Lost profits are then estimated by calculating an equilibrium without the infringing product(s). Simulation calculates the sales diversion, price erosion, and "quantity accretion" components of lost profits, and avoids the patent law analog to antitrust market delineation. Simulation provides a satisfactory methodology for assessing lost profits damages even in the presence of acceptable noninfringing substitutes. The facts of leading cases form the basis of illustrations.

Author: Neal Solomon
Publisher:
ISBN:
Category :
Languages : en
Pages : 57

View

Book Description
Patent infringement damages for lost profits are analyzed by providing an economic analysis of bilateral and multilateral competition between a patent holder and infringer(s) both with and without technology substitutes. The entire market value rule is applied to the lost profits analysis. Application of hybrid lost profits and reasonable royalties analyses are reviewed. Lost profits analysis for patent damages is compared to trade secret and antitrust remedy approaches. Finally, the lost profits analysis is evaluated in the context of the availability of an injunction.

Author: Jerry A. Hausman
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

View

Book Description
Patent litigation has become an increasingly important consideration in business strategy. Damage awards in patent litigation are supposed to compensate the patent owner for economic harm created by infringement and are therefore important for protecting returns to innovation. We analyze the effects that a recent court decision in the United States, called Grain Processing, has had on the incentives of potential infringers to infringe and innovators to innovate. We find that Grain Processing has decreased the expected value of damages awards in patent cases by conferring a free option on infringers. Grain Processing also concluded that the patent owner in the case did not suffer lost profits due to the infringement because the infringer would have adopted an (inferior) non-infringing technology had it not infringed. We demonstrate that this conclusion is inconsistent with standard economic models.

Author: C. Bradford Biddle
Publisher: Cambridge University Press
ISBN: 1108426751
Category : Business & Economics
Languages : en
Pages : 379

View

Book Description
Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.

Author: Nancy J. Fannon
Publisher: BVResources
ISBN: 9781935081838
Category : Lost profits damages
Languages : en
Pages : 0

View

Book Description
The 2011 Edition of Calculating Lost Profits in IP and Patent Infringement Cases, a comprehensive and definitive resource by nationally recognized valuation and economic damages expert Nancy J. Fannon, ASA, CPA-ABV, MCBA, has just been released. In this 841-page reference you'll find an in-depth overview of strategies, analysis, case studies, and legal insight to help you calculate and recover the maximum lost profits damages incurred due to patent infringement. Nowhere else will you find such a complete and thorough analysis of current case law and the valuation methods that form the basis of damage awards in IP and patent infringement litigation. Fully updated for 2011, the guide features abstracts of the most recent court cases dealing with lost profits damages, and provides the latest analysis including a summary of applicable rules of civil procedures and evidence, as well as details on what courts have deemed as acceptable evidence for lost profit claims. You'll also learn what the courts have rejected and details explaining the reasons for the rejections. The 2011 edition also features new material including an in-depth look at case law relating to reasonable certainty and motions to exclude experts in lost profits damages cases, both by issue and by jurisdiction.

Author: Roman L. Weil
Publisher: John Wiley & Sons
ISBN: 0471189545
Category : Business & Economics
Languages : en
Pages : 1200

View

Book Description
Litigation Services Handbook, Fourth Edition is referred to as the litigation bible. Its nearly 50 chapters read like a who's who in law and accounting. The handbook includes all aspects of litigation services, including current environments, the process itself, a wealth of cases, how to prove damages, and practical considerations of court appearances. The new edition has a heavy focus on fraud investigations and complying with Sarbanes-Oxley requirements.

Author: Roman L. Weil
Publisher: John Wiley & Sons
ISBN: 1118237404
Category : Law
Languages : en
Pages : 1022

View

Book Description
Here’s all the information you need to provide your clients with superior litigation support services. Get up to speed quickly, with the aid of top experts, on trial preparation and testimony presentation, deposition, direct examination, and cross-examination. Authoritative and highly practical, this is THE essential guide for any financial expert wanting to prosper in this lucrative new area, the lawyers who hire them, and litigants who benefit from their efforts. "This work of amazing breadth and depth covers the central issues that arise in financial expert testimony. It is an essential reference for counsel and practitioners in the field."—Joseph A. Grundfest, The William A. Franke Professor of Law and Business, Stanford Law School; former commissioner, United States Securities and Exchange Commission.

Author: Prof. Thomas F. Cotter
Publisher: Oxford University Press
ISBN: 0190842903
Category : Law
Languages : en
Pages : 467

View

Book Description
Nations throughout the world receive more patent applications, grant more patents, and entertain more patent infringement lawsuits than ever before. To understand the contemporary patent system, it is crucial to become familiar with how courts and other actors in different countries enable patent owners to enforce their rights. This is increasingly important, not only for firms that seek to market their products worldwide and for the lawyers who provide them with counsel, but also for scholars and policymakers working to develop better policies for promoting the innovation that drives long-term economic growth. Comparative Patent Remedies provides a critical and comparative analysis of patent enforcement in the United States and other major patent systems, including the European Union, Japan, Canada, Australia, China, South Korea, Taiwan, and India. Thomas Cotter shows how different countries respond to similar issues, and suggests how economic analysis can assist in adapting current practice to the needs of the modern world. Among the topics addressed are: how courts in various nations award monetary compensation for patent infringement, including lost profits, infringer's profits, and reasonable royalties; the conditions under which patent owners may obtain preliminary and permanent injunctions, including cross-border injunctions in the European Union; the availability of various options for potential defendants to challenge patent validity; and other matters, such as the availability of criminal enforcement and border measures to exclude infringing goods.

Author: Suzanne Michael
Publisher: DIANE Publishing
ISBN: 1437982840
Category : Law
Languages : en
Pages : 309

View

Book Description
This report recommends improvements to two areas of patent law policies affecting how well a patent gives notice to the public of what technology is protected and remedies for patent infringement. The report provides valuable insights on how courts can reform the patent system to best serve consumers. It recognizes that patents play a critical role in encouraging innovation, but it also observes that some strategies by patent holders risk distorting competition and deterring innovation. This is especially true for activity driven by poor patent notice, and by remedies that do not align the compensation received by patent holders for infringement with the economic value of their patented inventions. This is a print on demand report.

Author: Daniel F Spulber
Publisher: World Scientific
ISBN: 9811225672
Category : Law
Languages : en
Pages : 462

View

Book Description
The Case for Patents offers an affirmative case for the many economic benefits of the patent system and shows how patents provide incentives for invention, innovation, and technological change. The discussion highlights the many contributions of patents to economic growth and development. The Case for Patents helps restore balance to public policy debates by recognizing the important contributions of the patent system.