Patent Damages Rules: Do they Further the Goals of the Patent System?
New York, New York and San Francisco, California
15 April 2008
Hosted By: NERA Economic Consulting
NERA presented a dinner seminar for intellectual property counsel to discuss the application of economic analysis to emerging issues in intellectual property litigation in New York City on 15 April 2008 and in San Francisco on 17 April. The now famous CAFC opinion in the Grain Processing case allows damages experts to assess the extent to which an accused infringer could limit its financial exposure by turning to alternatives that may never have actually been sold in the market. As a matter of economics, this may create a free option that reduces damages awards, thereby diminishing the incentives to innovate. The panel discussed the economic pros and cons of the case law, whether clients' investment decisions are affected by these damages rules, and how the existing case law relates to proposed changes to damages rules in the patent reform legislation now being debated in Congress.
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