“A methodical seven-step approach to the estimation of patent compensation and damages.” – Legal Information Alert
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. It explains each step, from a finding of infringement to a determination of damages. The process starts with determining the damages period and damages base, from both a product and a geographic perspective. Next, the appropriate theory—reasonable royalty or lost profits—is applied. Then enhancements or limitations are considered, as well as the likelihood and effect of an injunction.
The book shows you the methods used, the possible variations, the unique patent law doctrines that may apply, and the strategies to consider in seeking terms most advantageous to your client. The book also examines how awards of damages are treated under accounting rules and discusses the admissibility of evidence from expert witnesses respecting damages. 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 and settle another case without it.
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 has served as in-house Counsel for IBM Corp.'s Networking business, and as 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).