Download This PaperFinal Report of the Berkeley Center for Law & Technology Patent Damages Workshop
28 Pages Posted: 16 Aug 2016 Last revised: 6 Oct 2018
Date Written: August 15, 2016
Abstract
The determination of patent damages lies at the heart of patent law and policy, yet it remains one of the most contentious topics in this field, particularly as regards the calculation of a reasonable royalty. In March 2016, the Berkeley Center for Law & Technology convened a workshop of leading “insiders” (in-house counsel, litigators (from both the assertion and defense sides), patent licensing professionals, and testifying expert witnesses) and academics (both law professors and economists) to clarify areas of consensus and disagreement regarding the treatment of patent damages. This report summarizes the discussion, key findings, and ramifications for patent case management.
Keywords: Patents, Damages, Conjoint Analysis, Reasonable Royalty, Patent Case Management, Expert Witnesses
JEL Classification: K21, K41, L86, O34
Suggested Citation: Suggested Citation
Stuart J.H. Graham
Georgia Institute of Technology - Scheller College of Business ( email )
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Carl Shapiro
University of California, Berkeley - Haas School of Business ( email )
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