Calculating economic damages in intellectual property disputes: the role of market definition

Article Abstract:

Market definition analysis often encountered in antitrust law should be applied to damage calculations for infringement of intellectual property rights. Economic analysis of the lost profits of the patent, trademark or copyright holder must consider the degree to which the holder expected to market the idea as well determining whether the infringer was a competitor of the intellectual property right holder. Only when the inventor had no interest in marketing the idea or when the sales of the holder would have equalled the sales of the infringer are the calculations clear cut.

Analysis, Remedies, Markets (Economics), Intellectual property, Lost profits damages

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The developing standard for irreparable harm in preliminary injunctions to prevent patent infringement

Article Abstract:

Courts should defer to the Patent and Trademark Office, the executive branch agency given the duty to determine patent validity, and should, in view of the long consideration of facts necessary to establish patent validity, be willing to presume the subfactor of validity. Regarding the traditional showing of irreparable harm in patent cases, courts still need to weigh the other subfactor of infringement and balance this against the other traditional factors to rule on preliminary injunctions in civil cases.

Patent licenses, Patent licensing

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An economic approach to the "balance of hardships" and "public interest" tests for preliminary injunction motions in patent infringement cases

Article Abstract:

Two of the factors needed to justify a preliminary injunction against patent infringement are discussed and include are discussed and are an adequate remedy at law available to the patent owner and reasonable likelihood of the patent owner's success on the merits.

Cases, Patent law

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