5. PATENT DAMAGES – ValuEconomics, INC – www.valu-econ.com


• HELLO. MY NAME IS DR. JULES KAMIN.
• I HAVE BEEN PROVIDING CONSULTING SERVICES AS AN ECONOMIC AND FINANCIAL EXPERT WITNESS IN CIVIL LITIGATION FOR OVER 25 YEARS.
• PATENT INFRINGEMENT IS ONE CATEGORY OF INTELLECTUAL PROPERTY INFRINGEMENT
• PATENT DAMAGES ARE MEASURED AS LOST PROFITS WITH SOME SPECIAL CONSIDERATIONS:
• DEMONSTRATION OF DEMAND FOR THE INFRINGED PRODUCT
• PLAINTIFF’S PRODUCTION AND MARKETING CAPACITY
• PROFITABILITY OF THE PROTECTED PRODUCT
• THE EFFECT OF SUBSTITUTES ON SALES OF THE PROTECTED PRODUCT
• THE ECONOMIC MODEL MUST ALSO CONSIDER:
• ANY EFFECT OF PRICE EROSION, FROM ADDITIONAL COMPETITION FROM DEFENDANT, ON PLAINTIFF’S SALES
• THE EFFECT ON PLAINTIFF’S UNIT SALES BUT FOR INFRINGEMENT OF A HIGHER BUT-FOR PRICE
• ANY EFFECT ON PLAINTIFF’S SALES OF UNPROTECTED PRODUCTS USUALLY SOLD WITH THE PROTECTED PRODUCT, CALLED “CONVOYED” SALES
• REASONABLE ROYALTY
• IF LOST PROFITS CAN’T REASONABLY BE DETERMINED, DAMAGES ARE AT LEAST A REASONABLE ROYALTY
• % FOR LICENSEE TO EARN A REASONABLE PROFIT AS OF START OF INFRINGEMENT
•15 CRITERIA FROM LANDMARK GEORGIA-PACIFIC CASE
• EVERY CASE IS DIFFERENT
• I ENCOURAGE YOU TO CALL ME AT (323) 653-9555 FOR A FREE TELEPHONE CONSULTATION ON ANY MATTER.
• OR VISIT MY WEB SITE AT WWW.VALU-ECON.COM.

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