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Damages in Patent Litigation

Damages in Patent Litigation

18/03/2020

Damages for patent infringement are governed by 35 USC §284 (1994). It states that damages are to be adequate to compensate the patent holder, which at minimum is a reasonable royalty. However, damages can also be based on the patent holder’s lost profits. Recovering lost profits is more difficult to prove in that the defendant must be a competitor of the patent holder, and the patent holder must prove that it lost the sales that the defendant made.

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Background and Foreground Intellectual Property

Background and Foreground Intellectual Property

10/03/2020

In commercial transactions, especially high-tech commercial transactions, there is usually a section of the parties’ contract devoted to what IP rights the buyer obtains in the deal. Most of the time, the rights are limited to use of the IP in the product, as the product is intended to be used. However, standard contracts from buyers are increasingly trying to expand their rights.

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