The second edition discusses the Federal Circuit's decision in Lucent v. Gateway on the entire market rule and damages allocation, as well as subsequent decisions which have employed its reasoning. This decision marks a sea change in awarding damages where the patented technology is a small component or feature in an infringing product. The discussion centers on the implications of this decision on future damages awards for such patents, how this decision is likely to be used by the courts in the future, and how litigants need to change the way they manage their damages cases to account for this change in the law.
Other new developments include whether plaintiffs can use licenses obtained in litigation to prove an "established royalty" under the Georgia-Pacific factor No.1; and courts awarding ongoing royalties instead of imposing injunctions.
Features
• Written by an expert practitioner with over twenty years of trial experience in complex patent infringement, trademark, and copyright litigation
• Provides patent litigators and in-house counsel with multiple perspectives and a wealth of strategic information regarding patent infringement claims and awarded damages
• Organizes vital aspects of a patent damages case, including the key factors in determining reasonable royalty rate evaluations of the various prosecution and defense strategies, and helpful tips on how to build the best possible case
• This second edition discusses the Federal Circuit's decision in Lucent v. Gateway on the entire market rule and damages allocation, as well as subsequent decisions which have employed its reasoning
• New developments include whether plaintiffs can use licenses obtained in litigation to prove an "established royalty" under Georgia-Pacific factor No.1; and courts awarding ongoing royalties instead of imposing injunctions