Chapter 4: Patent Infringement and Reasonable Royalty Damages

The following sections are included:

• Introduction

• The Contract Approach to Patent Infringement

  • Patents and Intellectual Contracts

  • The Patent License Contract versus Patent Infringement

  • Patent License as Contract

  • The Informed Contract

  • Comparison to the Property Approach to Patent Infringement

  • Comparison to the Tort Approach to Patent Infringement

• The Patent License Contract and the Patent Case

  • The Framework of a Patent License Contract

  • Patent Pools and the Patent License Contract

  • The Framework of the Patent Case

  • Contrast with Hypothetical Negotiation

• Reasonable Royalty Damages

  • The Market Value Method

  • Comparable Patent License Contracts

  • The Infringer’s Benefits: The “Bottom-Up” and “Top-Down” Approaches

  • Resolving Controversies over Reasonable Royalty Damages

• Conclusion