As the number of cases involving intellectual property (IP) increases, so does the demand for individuals who can create, support, and prove an effective theory of damages in those cases. Intellectual Property Damages presents the basics of intellectual property, the litigation process, the essential "rules" in postulating damages theories, the economic principles that are the foundation for much of IP damages, and the skills necessary to correctly calculate damages in IP cases. Legal professionals and their clients will benefit from the unique combination of knowledge acquired from the author’s experience with law, economics, accounting, and (to a more limited extent) finance in the context of IP damages theories. Intellectual Property Damages contains case summaries, useful forms for discovery, examples of effective expert opinions and testimony, and detailed calculations under various theories of damages. It also incorporates graphs illustrating economic principles, equations that might be used to support (or detract from) a damages theory, and examples of legal documents that commonly appear in IP litigation.
Introduction by Robert Goldscheider.
PART ONE: LEGAL, ECONOMIC, AND FINANCIAL FOUNDATIONS OF INTELLECTUAL PROPERTY DAMAGES.
Chapter 1. The Litigation Process.
Chapter 2. Damage Principles and Daubert.
Chapter 3. Introduction to the Economics of Intellectual Property Damage Calculations.
Chapter 4. Introduction to Accounting Principles in Intellectual Property Damages.
Chapter 5. Financial Principles Used in Intellectual Property Damages.
PART TWO: PATENT INFRINGEMENT DAMAGES.
Chapter 6. Introduction to Patent Law.
Chapter 7. How to Calculate Patent Damages.
Chapter 8. Introduction to the Antitrust Laws.
Chapter 9. The Intellectual Property Antitrust Interface.
PART THREE: COPYRIGHT, TRADEMARK, AND TRADE SECRET DAMAGES.
Chapter 10. Introduction to Copyright Law.
Chapter 11. Introduction to Trademark Law and Trade Secret Law.
Chapter 12. Misuse of Copyrights, Trademarks, and Trade Secrets.
Chapter 13. How to Calculate Copyright, Trademark, and Trade Secret Damages.
Chap ter 14. The Nuts and Bolts of Intellectual Property Damage Calculation.
PART FOUR: APPENDICES.
Appendix A: Sample Requests for Production of Documents and Interrogatories.
Appendix B: Sample Expert Report of John Smith.
Appendix C: Antitrust Guidelines for the Licensing of Intellectual Property.
Appendix D: Sample Patent.
Appendix E: United States Code (U.S.C.) Title 35 Patents.
Appendix F: Copyright Act of 1976.
Appendix G: Trademark Act of 1946 ("Lanham Act"), as Amended.
Appendix H: Uniform Trade Secrets Act with 1985 Amendments.
Appendix I: Restatement of the Law, 3rd, Unfair Competition.