The 'Book of Wisdom' Contains Little Wisdom and Creates Significant Risk of Bias

Federal Circuit Bar Journal Vol. 27, No. 1 (2017).

44 Pages Posted: 6 Jan 2018

See all articles by Mark Glick

Mark Glick

University of Utah - College of Social & Behavioral Sciences - Department of Economics; Parsons Behle & Latimer

David Mangum

University of Colorado Law School

Ted Tatos

EconONE / Univ. of Utah Adjunct Prof.

Date Written: January 2, 2018

Abstract

The patent statute directs that “[u]pon finding for the claimant the court shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer . . . .” The statute allows for two types of compensation to the patent owner. Upon proper proof, the patent owner may obtain profits lost as a result of the alleged infringement, but, even without such proof, the patent owner may recover at least “a reasonable royalty for the use made of the invention by the infringer.” This Article addresses that second form of damages—reasonable royalty.

Keywords: patent, reasonable royalty book of wisdom, patent damages

Suggested Citation

Glick, Mark A. and Mangum, David and Tatos, Ted, The 'Book of Wisdom' Contains Little Wisdom and Creates Significant Risk of Bias (January 2, 2018). Federal Circuit Bar Journal Vol. 27, No. 1 (2017)., Available at SSRN: https://ssrn.com/abstract=3095722

Mark A. Glick (Contact Author)

University of Utah - College of Social & Behavioral Sciences - Department of Economics ( email )

1645 Central Campus Dr.
Salt Lake City, UT 84112
United States

Parsons Behle & Latimer

United States

David Mangum

University of Colorado Law School

401 UCB
Boulder, CO 80309
United States

Ted Tatos

EconONE / Univ. of Utah Adjunct Prof. ( email )

1645 E. Campus Center
Salt Lake City, UT 84112
United States

HOME PAGE: http://https://utah.academia.edu/TedTatos

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