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Patent Infringement: Compensation and Damages
Incisive Media, Pages: 300
When a patent has been infringed, there's usually a price to pay, whether it's the result of a trial verdict or a negotiated settlement. Even when compensation for patent infringement is a certainty, determining the right amount is a complex matter involving the interplay of many legal and financial variables.
Patent Infringement: Compensation and Damages is a complete, concise and detailed guide. Beginning with the assumption that a patent has been infringed, it explains the seven steps of determining patent infringement damages. In each, it shows you the method used, the possible variations, the unique patent law doctrines that may apply and the strategies to consider. It also examines how awards of damages are treated under accounting rules, helping you seek terms that will be most advantageous to your client from an accounting standpoint.
From estimating lost profits to introducing the testimony of expert witnesses, Patent Infringement: Compensation and Damages equips you with legal and practical insights that will keep you one step ahead of opposing counsel. Don't try or settle another case without it
This book is updated as needed, generally two times each year.
Author Bios:
Bryan W. Butler
Bryan W. Butler approaches the issue of damages for patent infringement from a unique vantage point based on his wide range of experience in law and business. Mr. Butler's legal experience includes both in-house practice as well as law firm litigation. A patent attorney with extensive business experience, he was previously Director, Intellectual Property, Litigation, and Licensing for 3Com Corporation Business Connectivity Co. The unique analytical approach to patent infringement damages that is the basis of this treatise was developed as a result of his experiences in patent litigation and licensing. In private practice Mr. Butler also specialized in intellectual property litigation at Pennie & Edmonds LLC. He began his legal career as a damages fact witness in a patent infringement litigation. Before attending law school he was with Hewlett Packard Co. in various product planning and product development positions and with General Electric Corp. as a Strategic Planning Consultant.
Mr. Butler received a J.D. from the University of San Diego, a Masters in Business Administration from the University of Chicago Graduate School of Business, and a B.S. degree in Electrical Engineering from Swarthmore College. Mr. Butler is the author of “Maximizing the Impact of Visual Evidence” in Patent Litigation (PLI 1992) and “State Actions to Limit Product Liability Awards” 4 Prod. Liab. L. J. 129 (May 1993).
Secondary Authors
Robin Sacolick (author of Chapter 9) is an adjunct Professor of Accounting at Evergreen College, San Jose, California and a lecturer at the California State University, Hayward, California. Previously, she was Director of Accounting at Asante Corp. and Controller at the New York State Commission on Judicial Conduct. In addition, Ms. Sacolick has held numerous positions at Hewlett-Packard Co., Apple Corp. and other Silicon Valley technology companies. She is a member of the American Institute of Certified Public Accountants, and earned a Masters in Business Administration from the Haas School of Business, University of California, Berkeley California.
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