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Patent Infringement Remedies, with 2012 Cumulative Supplement

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Main Volume Information

An accurate determination of patent infringement liability, whether during litigation or as part of pre-litigation risk management and business decision-making, depends not only on the probability of infringement, but also on 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.

Patent Infringement Remedies is a groundbreaking resource on recovery for patent infringement that includes topical consideration of lost profit determinations; 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 attorneys' fees; the award of interest and costs; limitations on damages recovery, including the §286 bar and marking; and special remedial provisions.

 

Supplement Information  

The 2012 Cumulative Supplement includes treatment and discussion of important recent cases, including:

  • Aero Prods. Int'l, Inc. v. Intex Rec. Corp. and duplicative recovery
  • Poly America, L.P. v. GSE Lining Technology, Inc. and lost profits
  • Uniloc USA, Inc. v. Microsoft Corp. and reasonable royalties
  • In re Seagate Technology, LLC and enhanced damages and willful infringement
  • eBay, Inc. v. MercExchange and injunctive relief
  • In re Seagate Technology and willfulness and exculpatory opinions of counsel
  • Quanta Computer, Inc. v. LG Elecs., Inc. and licensing
  • and many others

The Supplement further enhances the analytical discussion of the applicable remedial theories introduced in the main volume, forecasts likely trends, and provides a new glossary of terms commonly used in the discussions of patent infringement remedies. These considerations draw on the author's distillation of the insights and experiences of numerous patent practitioners and members of the judiciary.

Main Volume Information

2004/756 pp. Hardcover/Order #9078P

 

Supplement Information

2012/ISBN 9781617460784/Order #2078

Main Volume Information

Lawrence M. Sung

 

Supplement Information

Lawrence M. Sung