Reasonable royalty damages and the ambitious patentee Georgia-Pacific revisited

Article Abstract:

The US District Court for the Southern District of New York established in Georgia-Pacific Corp. v. U.S. Plywood-Champion Papers that hypothetical negotiations between patentee and infringer might approach the patentee's lost profits if the patentee had the ability to serve the whole market. The factors set forth in the case softened the "but-for" test that had required a showing of actual lost profits. The infringer's profits and the risks of litigation might be factored in as well. Capacity, marketing strength and availability of substitute goods are all factors that influence the patentee's ability to profit.

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Damages in the post-Rite-Hite era: convoyed sales illustrate the dichotomy in current damages law

Article Abstract:

The US Court of Appeals for the Federal Circuit ruled in two recent cases, Rite-Hite Corp. v. Kelley and King Instrument Crop. v. Perego, that a patent-holder could recover lost profits damages for infringement even if it was not using the patent as long as it was present in the market. While the patent-holder must be producing a competing good, these rulings do establish a right to exclude. The Court chose in Rite-Hite to limit damages based on the sales of unpatented convoy goods to those goods functionally related to the patented good, but did not follow this ruling in King.

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A purge to willful patent infringement

Article Abstract:

A purge defense terminating a period of willful patent infringement would benefit the enforcement of patents while making willful damage awards more precise. Still, the defense should be dependent upon a good faith threshold and not undermine subsequent infringement claims. Enhanced damages awards calculated for the time of misconduct penalize the infringer without unjustly enriching the patent owner.

Methods, Evaluation, Damages, Damages (Law), Defense (Civil procedure)

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