Elements of
Patent Damages
Brought to you by
Becker North, Inc.
Front Matter
About The Author
Contributions
Prelude
Patents
Utility Patents
The Patent and Trademark Office
Patentability
Patent Applications
Patent Document
Ownership and Assignment
Term
Design Patents
Plant Patents
Infringement
Overview
Direct Infringement
Indirect Infringement
Patent Disputes
Overview
Venue
Remedies
Expert Opinion
Court Discretion
Validity Challenges
Overview
Graham Factors
Secondary Considerations
Reasonable Royalty
Overview
Georgia-Pacific
Willing Licensor -- Willing Licensee
Timing
Book of Wisdom
Non-Infringing Alternatives
License Agreements
Profitability
Royalty Structure
Potential Approaches to Calculation
Rules of Thumb
Lost Profit
Overview
Panduit
Market Share Approaches
Forms of Lost Profit
Apportionment
Overview
Entire Market Value Rule
Smallest Salable Patent-Practicing Unit
Collateral Sales
Overview
Convoyed Sales
Derivative Sales
Standard Setting Organizations
Overview
(F)RAND Licensing
Breach of Contract
Patent Holdup
Royalty Stacking
Intersection with Antitrust
Reasonable Royalty and Standards
Examples of SSOs
Interest
Prejudgment Interest
Postjudgment Interest
Permanent Injunction
Overview
Irreparable Harm
Causal Nexus
Inadequate Remedies at Law
Balance of Hardships
Public Interest
Modifications
Other Topics
ITC Exclusion Orders
Preliminary Injunction
Ongoing Royalty
Enhanced Damages
Attorney Fees
Patent Misuse
© Becker North, Inc. All rights reserved.
Front Matter
Elements of Patent Damages
Dr. Eric M Becker
— DRAFT —
First Version January 23, 2017
This Version March 21, 2017
© Becker North, Inc. All rights reserved.
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