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| Date post: | 03-Jan-2016 |
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Two Types of Remedies
Money
What is the value of a patent?
$599
“Slide to Unlock Patent”
How about now?
$599
250K patents
How about now?
$599
250K patents
Cost of components $120Cost of marketing $60Cost of R&D $200
What the jury sees
$599
“Slide to Unlock Patent”
Two Types of Remedies
How much does it cost to design around the patent?
How much does it cost to design around the patent?
How much does it cost to design around the patent?
Two Types of Remedies + a third consideration
How much does it cost to fight over the value of the patent?
What the law says
35 U.S.C. 284 Damages.
…the court shall award the claimant damages adequate to compensate for the infringement…
What the law says
35 U.S.C. 283 Injunction.
The courts []may grant injunctions
The Business Opportunity
Nuisance-Value Litigation Business Model
The Cost of Offense is greater than the Expected RecoveryThe Cost of Defense, and therefore Likely Settlement Fees are greater than the Cost of Offense
Settlement?
Thank You!
Colleen [email protected]
Links to my papers with data referenced here:http://papers.ssrn.com/Auth_id=362060
![Berkeley Patent Damages Workshop Report · comm'n, the evolving ip marketplace: aligning patent notice and remedies with competition 8 (2011) [hereinafter "marketplace report"]; u.s.](https://static.documents.pub/doc/80x56/5fdd29b7a7294023d54e949a/berkeley-patent-damages-workshop-report-commn-the-evolving-ip-marketplace-aligning.jpg)
