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Full-Text Articles in Law
Echoes Of Scientific Truth In The Halls Of Justice: The Standards Of Review Applied By The United States Court Of Appeals For The Federal Circuit In Patent-Related Matters, Lawrence M. Sung
Lawrence M. Sung
No abstract provided.
1995 Patent Law Decisions Of The United States Court Of Appeals For The Federal Circuit, Lawrence M. Sung
1995 Patent Law Decisions Of The United States Court Of Appeals For The Federal Circuit, Lawrence M. Sung
Lawrence M. Sung
No abstract provided.
The Misuse Of Reasonable Royalty Damages As A Patent Infringement Deterrent, Brian J. Love
The Misuse Of Reasonable Royalty Damages As A Patent Infringement Deterrent, Brian J. Love
Brian J. Love
This Article studies the Federal Circuit’s use of excessive reasonable royalty awards as a patent infringement deterrent. I argue against this practice, explaining that properly viewed in context of the patent system as a whole, distorting the reasonable royalty measure of damages is an unnecessary and ineffective means of ensuring an optimal level of reward for inventors and deterrence for infringers. First, I introduce cases in which the Federal Circuit and other courts following its lead have awarded punitive reasonable royalty awards and explain the Federal Circuit’s professed rationale for doing so. Next, I demonstrate that this practice makes little …