An accurate determination of patent infringement liability, whether during litigation or as part of pre-litigation risk management and business decision-making, depends on not only the probability of infringement, but also the exposure to potential damages. Accordingly, a keen understanding of the applicable patent infringement remedies and their quantitative measure is critical to both patent owners and competitors alike to establish an informed calculus of prudent business options in the litigation settlement and litigation avoidance contexts. Bloomberg BNA provides you with a groundbreaking resource on recovery for patent infringement—Patent Infringement Remedies with the new 2009 Cumulative Supplement. This comprehensive treatise includes:
- Topical consideration of lost profits determinations, including the Panduit factors
- Reasonable royalty damages determinations, including the Georgia-Pacific factors to be considered in calculating reasonable royalty
- Preliminary and permanent injunctions
- Willful infringement and exceptional case findings
- The award of enhanced damages and attorney fees
- The award of interest and costs
- Limitations on damages recovery, including the § 286 bar and marking
- Special remedial provisions
Patent Infringement Remedies provides you with incomparable insight on how patent infringement awards are achieved—so you can secure the best remedies for your clients.
The 2011 Cumulative Supplement continues the discussion of patent infringement remedies and provides updates on important cases, such as:
- Uniloc USA, Inc. v. Microsoft Corp., which abolished the 25 percent rule for reasonable royalty determinations;
- TiVo Inc. v. EchoStar Corp., which rejected the colorable differences test for contempt proceedings;
- In re Vistaprint Ltd., In re Microsoft Corp., In re Verizon Bus. Network Servs. Inc., all of which continued the transfer of Eastern District of Texas casesunder 28 U.S.C. §1404(a);
- Finjan Software, Ltd. v. Secure Computing Corp., in which greater scrutiny was applied to the relevance of royalty rates in licenses pertaining to patents other than those used in the suit;
- Stauffer v. Brooks Bros., Inc., In re BP Lubricants USA Inc., Juniper Networks, Inc. v. Shipley, all of which addressed guidance regarding falsemarking liability under 35 U.S.C. §292.