comparativepatentremedies.blogspot.com
Comparative Patent Remedies : Canadian Court Rejects the Principle that Non-Infringing Alternatives Limit the Recovery of Lost Profits
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A Blog Devoted to the Comparative Law and Economics of Patent Remedies. Tuesday, January 27, 2015. Canadian Court Rejects the Principle that Non-Infringing Alternatives Limit the Recovery of Lost Profits. Or should X recover no lost profits because in that but-for world it would have lost just as many sales and just as much profit as it did in the real world? And elsewhere, is that from an economic standpoint the rule followed in the U.S. and France is correct, and that United Horse-Shoe. Anyway, Profess...
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Comparative Patent Remedies : August 2015
http://comparativepatentremedies.blogspot.com/2015_08_01_archive.html
A Blog Devoted to the Comparative Law and Economics of Patent Remedies. Monday, August 31, 2015. Two Empirical Studies of Awards of Attorneys' Fees Post-Octane Fitness. Two student notes present some descriptive statistics on U.S. district court awards of attorneys' fees to the prevailing patent owner following the Supreme Court's decision last year in Octane Fitness. 1 Hannah Jiam has posted a note on ssrn titled Fee-Shifting and Octane: An Empirical Approach Toward Understanding 'Exceptional'. Have ten...
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Comparative Patent Remedies : Some Initial Thoughts on the Japanese IP High Court's Apple/Samsung Judgments
http://comparativepatentremedies.blogspot.com/2014/09/some-initial-thoughts-on-japanese-ip.html
A Blog Devoted to the Comparative Law and Economics of Patent Remedies. Tuesday, September 9, 2014. Some Initial Thoughts on the Japanese IP High Court's Apple/Samsung Judgments. As I mentioned yesterday. What follows are some key points from the Grand Panel's judgments, and my (very preliminary, somewhat hastily put-together, and therefore to be taken with a grain of salt) thoughts regarding them:. Is the one that is abusing the process (though I still haven't quite thought through my own views as to wh...
comparativepatentremedies.blogspot.com
Comparative Patent Remedies : Ninth Circuit Affirms in Microsoft v. Motorola
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A Blog Devoted to the Comparative Law and Economics of Patent Remedies. Thursday, July 30, 2015. Ninth Circuit Affirms in Microsoft v. Motorola. S the opinion. More later. Subscribe to: Post Comments (Atom). Thomas F. Cotter. Briggs and Morgan Professor of Law. University of Minnesota Law School. 229 19th Avenue South. To purchase my book. Link to my faculty webpage. Follow @ThomasCotter1 on Twitter. Other Blogs of Interest. Antitrust and Competition Policy Blog. Patent Law Blog (Patently-O). Westerngeco...
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Comparative Patent Remedies : Ninth Circuit Opinion in Microsoft v. Motorola: Analysis
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A Blog Devoted to the Comparative Law and Economics of Patent Remedies. Thursday, July 30, 2015. Ninth Circuit Opinion in Microsoft v. Motorola: Analysis. As I mentioned earlier, today the Ninth Circuit affirmed Judge Robart's judgment in Microsoft v. Motorola. Bottom line: the court's decision is consistent with the emerging consensus, both in the U.S. and abroad (as reflected in the CJEU's decision in Huawei. Mark A. Lemley and Carl Shapiro, Patent Holdup and Royalty Stacking. To mitigate the risk that...
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Comparative Patent Remedies : Reasonable Royalties Based on Extraterritorial Sales
http://comparativepatentremedies.blogspot.com/2014/08/reasonable-royalties-based-on.html
A Blog Devoted to the Comparative Law and Economics of Patent Remedies. Wednesday, August 13, 2014. Reasonable Royalties Based on Extraterritorial Sales. Last April I blogged. About the $1.5 billion verdict in Carnegie Mellon University v. Marvell Technology Group, Ltd. First, Professor Brian Love filed an amicus brief on Monday in support of Marvell. You can download the entire brief here. Or on ssrn here. Here is the introduction and summary of argument:. The damages theory adopted below also threatens...
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Comparative Patent Remedies : Disclaimer
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A Blog Devoted to the Comparative Law and Economics of Patent Remedies. The author may provide links to other websites related to the topics covered in this blog, but the author does not intend such links to be endorsements of any of the content available on those sites. The author cannot vouch for the truth or accuracy of those sites. The opinions expressed on this blog are those of the author and should not be attributed to the University of Minnesota or to any other person or entity. Japan Patent Act ...
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Comparative Patent Remedies : June 2015
http://comparativepatentremedies.blogspot.com/2015_06_01_archive.html
A Blog Devoted to the Comparative Law and Economics of Patent Remedies. Tuesday, June 30, 2015. US ITC to Review FRAND Issues. I'm still catching up on things after returning from Japan, and only today came across this post. For previous mention of this case on this blog, see here. Monday, June 29, 2015. A Chinese Case on Preliminary Injunctions. From this past February). Fifth, the court considered the balance of rights and interests including the public interest. The court concluded that the reques...
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Comparative Patent Remedies : Huawei v. ZTE: Analysis
http://comparativepatentremedies.blogspot.com/2015/07/huawei-v-zte-analysis.html
A Blog Devoted to the Comparative Law and Economics of Patent Remedies. Thursday, July 16, 2015. Huawei v. ZTE: Analysis. The long-awaited CJEU judgment. In Huawei Techs. Co. v. ZTE Corp. Case C-170/13, takes something of a middle path to the question of whether it is an abuse of dominant position for the owner of a FRAND-encumbered standard-essential patent (SEP) to request injunctive relief against an alleged infringer. Here are a few things that struck me:. Of Fundamental Rights of the European Union].
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Comparative Patent Remedies : Japan Fair Trade Commission Seeks Public Comments on Proposed FRAND Policy
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A Blog Devoted to the Comparative Law and Economics of Patent Remedies. Friday, July 10, 2015. Japan Fair Trade Commission Seeks Public Comments on Proposed FRAND Policy. Is a link to the press release, which provides directions for interested parties to submit comments. The Guidelines with the proposed amendments (Tentative Translation) are available here. And the Survey Report on Issues related to Essential Patent (Tentative Translation) is available here. The description above shall be applied no matt...
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