Publication | Thomson Reuters
Assets and Finances: Calculating Intellectual Property Damages, 2020-2021 ed.
Gregory Smith and Cleve Tyler
Gregory Smith and Cleve Tyler coauthored this book detailing standard damages theories and approaches used in intellectual property (IP) litigation. The book explains from an economic and financial perspective how to evaluate, calculate, and present evidence on compensatory damages and other financial remedies related to infringement or misappropriation of IP assets, including patents, trademarks, copyrights, trade dress, and trade secrets. The book also examines how economic and financial damages analyses for intellectual property are conducted within the context of current case law.
- Chapter 1: Roles and Responsibilities of the Damages Expert
- Chapter 2: Types of Damages and Remedies in Intellectual Property Litigation
- Chapter 3: Patent Infringement: Lost Profits
- Chapter 4: Patent Damages: Lost Profits from Price Erosion
- Chapter 5: Damages Measured by a Reasonable Royalty
- Chapter 6: Trademarks, Trade Dress, Design Patents, Copyrights and Trade Secrets
- Chapter 7: Infringer’s Profits and Unjust Enrichment
- Chapter 8: Prejudgment and Post-Judgment Interest
Deepa Sundararaman contributed an appendix chapter on “Intellectual Property Expert Damages Admissibility.” The appendix deals with challenges to IP damages expert testimony. It is organized by categories of exclusion and analyzes federal decisions regarding admissibility of expert opinions.