Patent Infringement Remedies

The treatise covers the A to Z of patent infringement litigation, offering step-by-step guidance to determine whether patents have been infringed, as well as possible remedies. Authored by a patent attorney with 20 years of experience in patent counseling, litigation, and technology transfer, the book covers litigation considerations, including model jury instructions.

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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.


Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.


View full tables of contents and read the book’s preface or introduction.

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