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Patent Remedies and Complex Products: Toward a Global Consensus

Edited by: C. Bradford Biddle, Jorge L. Contreras, Brian J. Love, Norman V. Siebrasse

ISBN13: 9781108426756
Published: July 2019
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £110.99



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Through a collaboration among 20 legal scholars from 11 countries in North America, Europe and Asia, Patent Remedies and Complex Products presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks and the Internet of Things. It covers the application of both monetary remedies like reasonable royalties, lost profits, and enhanced damages, as well as injunctive relief. Readers will also learn about the effect of competition laws and agreements to license standards-essential patents on terms that are “fair, reasonable and non-discriminatory” (FRAND) on patent remedies. Where national values and policy make consensus difficult, contributors discuss the nature and direction of further research required to resolve disagreements. This title is also available as Open Access on Cambridge Core.

  • Provides specific recommendations regarding the law in controversial areas
  • Will appeal to policymakers and judges looking to reform or extend the law of patent remedies

Subjects:
Intellectual Property Law
Contents:
Foreword Kathleen M. O'Malley
Introduction
1. Reasonable Royalties Thomas F. Cotter, John M. Golden, Oskar Liivak, Brian Love, Norman V. Siebrasse, Masabumi Suzuki and David O. Taylor
2. Lost Profits and Disgorgement Christopher B. Seaman, Thomas F. Cotter, Brian J. Love, Norman Siebrasse and Masabumi Suzuki
3. Enhanced Damages, Litigation Cost Recovery, and Interest Colleen V. Chien, Jorge L. Contreras, Thomas F. Cotter, Brian J. Love, Christopher B. Seaman and Norman V. Siebrasse
4. Injunctive Relief Norman V. Siebrasse, Rafal Sikorski, Jorge L. Contreras, Thomas F. Cotter, John Golden, Sang Jo Jong, Brian J. Love and David O. Taylor
5. The Effect of FRAND Commitments on Patent Remedies Jorge L. Contreras, Thomas F. Cotter, Sang Jo Jong, Brian J. Love, Nicolas Petit, Peter Picht, Norman V. Siebrasse, Rafal Sikorski, Masabumi Suzuki and Jacques de Werra
6. The Effect of Competition Law on Patent Remedies Alison Jones and Renato Nazzini
7. Holdup, Holdout, and Royalty Stacking: A Review of Literature Norman Siebrasse
Bibliography.