A Grand Unifying Theory for Determining Infringement Remedies

A common framework for evaluating damages and injunctive relief could reduce uncertainty in patent infringement remedies.

Systems for determining patent infringement remedies – such as reasonable royalties, lost profits and injunctions – each have their own independent standards, although approaches can vary greatly within each category. The result is uncertainty about available remedies, increased costs for litigants and increased complexity for courts. There is thus an opportunity for a standard approach to evaluating patent remedies, which could increase certainty in litigation and thus reduce friction in out-of-court patent transactions.

Intellectual Asset Management