Comparative Patent Remedies: A Legal and Economic Analysis

Paperback | March 20, 2013

byThomas F. Cotter

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Nations throughout the world receive more patent applications, grant more patents, and entertain more patent infringement lawsuits than ever before. To understand the contemporary patent system, it is crucial to become familiar with how courts and other actors in different countries enablepatent owners to enforce their rights. This is increasingly important, not only for firms that seek to market their products worldwide and for the lawyers who provide them with counsel, but also for scholars and policymakers working to develop better policies for promoting the innovation that driveslong-term economic growth. Comparative Patent Remedies provides a critical and comparative analysis of patent enforcement in the United States and other major patent systems, including the European Union, Japan, Canada, Australia, China, South Korea, Taiwan, and India. Thomas Cotter shows how different countries respond tosimilar issues, and suggests how economic analysis can assist in adapting current practice to the needs of the modern world. Among the topics addressed are: how courts in various nations award monetary compensation for patent infringement, including lost profits, infringer's profits, and reasonableroyalties; the conditions under which patent owners may obtain preliminary and permanent injunctions, including cross-border injunctions in the European Union; the availability of various options for potential defendants to challenge patent validity; and other matters, such as the availability ofcriminal enforcement and border measures to exclude infringing goods.

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Nations throughout the world receive more patent applications, grant more patents, and entertain more patent infringement lawsuits than ever before. To understand the contemporary patent system, it is crucial to become familiar with how courts and other actors in different countries enablepatent owners to enforce their rights. This is ...

Thomas F. Cotter is the Briggs and Morgan Professor of Law at the University of Minnesota Law School, which he joined in 2006. A graduate of the University of Wisconsin Law School, he clerked for the Honorable Lawrence W. Pierce, United States Court of Appeals for the Second Circuit, from 1987-88. He practiced law at Cravath, Swaine a...

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Format:PaperbackDimensions:448 pages, 9.25 × 6.12 × 0.68 inPublished:March 20, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199840652

ISBN - 13:9780199840656

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Table of Contents

Preface1. IntroductionWhat Patents AreInternational ObligationsBenefits and Costs of Patent SystemsOn Comparative Law and Economics, and the Plan of this BookIdentifying Differences and SimilaritiesPositing possible reasons for the differencesPositive analysisNormative analysis2. A Framework for Patent RemediesThe Impact of InfringementSome General ImplicationsImplications: Injunctive ReliefImplications: DamagesConclusion3. Patent Remedies in the United StatesOverview: The U.S. Patent and Judicial SystemsPatent Remedies: Historical DevelopmentInjunctionsDamagesDamages: Lost ProfitsDamages: Reasonable RoyalitiesEnhanced DamagesAttorneys' Fees, Costs, and InterestAwards of Infringer's Profits in Design Patent CasesDeclaratory JudgmentsConclusion4. Patent Remedies in the United Kingdom, Canada, and AustraliaIntroductionOverviewPatent Remedies: An OverviewInjunctionsDamagesLost ProfitsReaonable RoyaltiesAccounting of Defendant's ProfitsEnhanced Damages, Attorneys' Fees, InterestDeclaratory judgments, oppositions, and invalidation proceedingsSummary5. Patent Remedies in Continental EuropeIntroductionOverviewRemediesPreliminary and Permanent InjunctionsCross-Border Injunctions and Torpedo ActionsDamages: General ConsiderationsDamages: Lost ProfitsDamages: Reasonable RoyaltiesDefendant's ProfitsEnhanced Damages, Attorneys' Fees, InterestOppositions, Invalidation Proceedings, and Declaratory JudgmentsConclusion6. Patent Remedies in JapanIntroductionOverviewPatent Remedies: An OverviewPreliminary Injunctions, Permanent Injunctions, and Border MeasuresDamages: OverviewLost ProfitsReasonable RoyaltiesDefendant's ProfitsEnhanced Damages, Attorney's Fees, InterestInvalidation Actions and Declaratory JudgmentsSummary7. Patent Remedies in China and Selected Other Patent SystemsIntroductionChina: OverviewChina: RemediesChina: InjunctionsChina: DamagesChina: Invalidity ProceedingsSouth Korea and TaiwanIndiaSummary8. ConclusionTable of CasesIndex