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Full-Text Articles in Law
Federal Circuit Addresses Damages In The Hatch-Waxman Context, Matthew D'Amore
Federal Circuit Addresses Damages In The Hatch-Waxman Context, Matthew D'Amore
Cornell Law Faculty Publications
No abstract provided.
When Nominal Is Reasonable: Damages For The Unpracticed Patent, Oskar Liivak
When Nominal Is Reasonable: Damages For The Unpracticed Patent, Oskar Liivak
Cornell Law Faculty Publications
To obtain a substantial patent damage award a patentee need not commercialize the patented invention; the patentee need only show that its patent was infringed. This surely incentivizes patenting but it dis-incentivizes innovation. Why commercialize yourself? The law allows you to wait for others to take the risks, and then you emerge later to lay claim to “in no event less than a reasonable” fraction of other people’s successes. It is rational to be a patent troll rather than an innovator. This troll-enabling interpretation of patent law’s reasonable royalty provision, however, is wrong as a matter of patent policy. Surprisingly, …