知识产权的经济赔偿
2006-12
John Wiley & Sons Inc
Slottje, Daniel
306
Patent activity from big corporations and homegrown inventors alike is booming in the United States; alongside all this patent activity is a surge in complicated legal action involving patents, copyrights, trademarks, and trade secrets. In the headlines everyday are patent lawsuits with big names such as BlackBerry® (RIMM), eBay, Procter & Gamble, and Coca-Cola involved in big lawsuits, with big money—and big ideas—at stake. Edited by Daniel Slottje, a leading litigation consultant, Economic Damages in Intellectual Property: A Hands-On Guide to Litigation is a timely guidebook filled with insightful contributions from experts—including intellectual property (IP) professionals, attorneys, economics professors, certified public accountants, and other damages professionals. Intelligent and revealing, these insiders shed authoritative light on how to quantify damages in litigation matters involving IP. Thoroughly researched and practical, this guide presents indispensable analysis of cases providing information on how economic analysis in support of IP litigation matters is performed and how that information can be disseminated for a better understanding of the case at hand. This important book provides IP professionals and lawyers with comprehensive coverage of: Patent, copyright, and trademark cases and economic damages Economic principles applied to IP litigation Lost profit analysis Reasonable royalty analysis Economic damage quantification Evaluation of damage claims in trade secrets cases Quantification of damages Commonly debated issues in performing economic damages analyses in intellectual property matters With real-world case studies involving well-known companies to help make the concepts clear and accessible, Economic Damages in Intellectual Property: A Hands-On Guide to Litigation demystifies this process towards an understanding of how damages are calculated and how that information can be used in cases of all types. 作者简介：DANIEL SLOTTJE is a Senior Managing Director in FTI Consulting Inc.'s Forensic and Litigation Consulting practice, and provides consulting services to clients in various industries. He has significant experience in litigation consulting in intellectual property matters, including patent infringement issues, copyrights and trademarks, as well as trade secrets. In addition to advising counsel, he has provided testimony in these and other matters. Dr. Slottje is a Professor of Economics at Southern Methodist University in Dallas and is a former partner in an international consulting firm. He has published more than 120 articles and written several books on economic issues. Dr. Slottje was ranked one of the top three applied econometricians in the world (out of 5,000 people), based on number of published articles in top econometrics journals in 1999. He has been quoted in national newspapers and has appeared on Fox, CBS, and NBC affiliates.
About the AuthorsIntroductionPART ONE: IP LAW ON ECONOMIC DAMAGES Chapter 1. U.S. Case Law and Economic Damages in Patent Litigation (C. Perry, et al.) Chapter 2. Trends in U.S. Patent Activity (F. Chan & M. McAleer) Chapter 3. Trademark Infringement and the Legal Bases for the Recovery of Economic Damages (M. ckerman & D. Orzechowski) Chapter 4. Explaining VenueChoice and Litigant Preferences: Solving the Delaware "Mystery" (D. Parsons, et al.) Chapter 5. Commonly Debated Issues in Performing Economic Damages Analyses in Intellectual Property Matters (C. Perry, et al.)PART TWO: ECONOMICS OF PATENT DAMAGES Chapter 6. Loss of Profits as a Measurement of Damages in Patent Infringement Matters (V. Thomas, et al.) Chapter 7. The Law of Demand and Lost Profits Analysis (R. Basmann, et al.) Chapter 8. A Holistic Approach to Patent Damages Analysis (R. Sullivan) Chapter 9. Commercial Success: Economic Principles Applied to Patent Litigation (J. David & M. Stewart) Chapter 10. Reasonable Royalty as a Measure of damages in Patent Infringement Matters (V. Thomas, et al.) Chapter 11. The "Analytical Approach" as a Technique to Determine a Reasonable Royalty (L. Gunderson, et al.) Chapter 12. A Quasi-Comparable Approach to reasonable Royalty Determination (J. Dubin) Chapter 13. Using Statistics in Patent cases: A Case Study (E. Maasoumi & M. Mercurio)PART THREE: ECONOMICS OF COPYRIGHT, TRADEMARK, AND TRADE SECRET DAMAGES Chapter 14. Using Statistics in Copyright Cases (D. Millimet, et al.) Chapter 15. Quantification of Damages in trademark Cases (B. Inglish) Chapter 16. Economic Damage Quantification in Trademark Matters (J. Dubin) Chapter 17. Evaluation of Damages Claims in a Trade Secrets Case (R. Sickles & A. Ayyar) Chapter 18. A Primer on Trademarks and Trademark Valuation (M. Corbett, et al.)Index
