Numerous judicial rulings and the proliferation of non-practicing entities threatens patent value. On the other hand, the value of patents can surge when sustaining invalidity challenges. In addition to discussing a host of creative damages theories, this course will review basic tenets of patent infringement such as:
- Reasonable royalties
- Lost profits
- Price erosion
- Market size
- Reputational damage
- Market spoilage
- The Georgia-Pacific factors
- The 25% rule
- Cost of next best alternatives
- Running royalties vs. lump-sum payments