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Vol 23 No 5 May/June 2018

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Intellectual Property Infringement Damages: 2003 Cumulative Supplement to 2r.e.

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ISBN13: 9780471250180
ISBN: 047125018X
Published: April 2003
Publisher: John Wiley & Sons Ltd
Format: Paperback
Price: Out of print

As more and more companies rely on intellectual property, the financial stakes rise for cases involving intellectual property infringement. This book provides companies with a guide to the subject of intellectual property infringement.

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Note to the Reader: Sections not in the main bound volume are indicated by ""(New)"" after the title. New material from a prior supplement that has been updated for this supplement is indicated by ""(Revised)"" after the title. Material new to or modified in this supplement is indicated by an asterisk () in the left margin of the contents and throughout the supplement; Preface; Introduction: Purposes of Intellectual Property Appraisals (New); 14A A Review of Court-Awarded Royalty Rates in Patent Infringement Cases (1990--2001) (New); 14A.
1 Introduction; 14A.
2 Royalties as a Measure of Damages; 14A.
3 Royalty Rate Awards Categorized by Industry; 14A.
4 Basis for Royalty Rates; 14A.
5 The Hypothetical Negotiation; 14A.
6 Consideration of the Georgia-Pacific Factors; 14A.
7 Federal Circuit Decisions on Royalty Awards; 14A.
8 Other Considerations in the Determination of a Reasonable Royalty; (a) Entire Market Value Rule; (b) Established Royalty Rate in Particular Industries or for Certain Patents; (c) Effect of Available Noninfringing Substitutes on the Hypothetical Negotiation; (d) Amount of Profit Left for Infringer after Royalty Payment; (e) Panduit or Infringement Kicker; 14A.
9 Conclusion; 14B Trademark Damage Trends in the Federal Circuit (1982-2001) (New); 14B.
1 Introduction; 14B.
2 Overview of Trademarks; 14B.
3 Injunctive and Monetary Relief Guidance; 14B.
4 Trends in Trademark Damages Awards; (a) Yearly Trends; (b) Components of Awards; (c) Top 10 Damages Awards; (d) Enhanced Damages; (e) Bench versus Jury; (f) Damages by Circuit; 14B.
5 Conclusion; 15 Intellectual Property Deal Making (New); 15.
1 Introduction; 15.
2 Cross-License Balancing Payments; 15.
3 Licenses for Limited Periods; 15.
4 Unrecognized and Hidden Intellectual Property; 15.
5 More Noncore Intellectual Property; 15.
6 Monetarization of Intellectual Property; 15.
7 Specifically Created for Exploitation; 15.
8 Summary; 16 Early-Stage Technology Valuation (New); 16.
1 Introduction; 16.
2 Early-Stage Technology; (a) Untested Ideas; (b) Bench-Top Technology; (c) Prototype Technology; 16.
3 Common Characteristics of the Technologies; 16.
4 Cost Approach and Early-Stage Technology; 16.
5 Market Approach and Early-Stage Technology; (a) Internal Licenses Are Often Self-Serving; (b) Relevant Time Period; (c) Financial Condition of Both Transacting Parties; (d) Relevant Industry Transactions; (e) International Transactions; (f ) Intellectual Property Remaining Life; (g) Complementary Asset Investment Requirements; (h) Nonmonetary Compensation; (i) Are the Independent Parties Really Independent?; 16.
6 Income Approach and Early-Stage Technology; 16.
7 Market Penetration and Sales Forecasts; (a) Success; (b) Disappointment; (c) Failure; 16.
8 Manufacturing Costs and Gross Profits; (a) Overhead Costs; (b) Development of Related Intangible Assets; (c) High Discount Rates; (d) Timing Delays; 16.
9 Early-Stage Discounted Cash Flow Model; 16.
10 Summary; 17 Application of Daubert-Related Dec