TITLE:
Determining Appropriate Damages for Patent Infringement: An Alternative Approach
AUTHORS:
Michael D’Rosario
KEYWORDS:
Patents, Litigation, Damages, Citations
JOURNAL NAME:
Theoretical Economics Letters,
Vol.7 No.3,
March
16,
2017
ABSTRACT: Determining the quantum of
damages that should be afforded to an applicant when patent infringement has
occurred is problematic for a number of reasons. Incorporeal works are
difficult to value, and consequently certain categories of intellectual
property present real challenges for the courts. This paper contends that
citation information may be particularly helpful in relation to patents for a
number of reasons. Citation information may afford useful insights into the level
of industry uptake and the amount of subsequent innovation made possible by the
patent. This insight may be particularly beneficial in situations where the courts are considering awarding additional damages. While the courts have not considered patent citation information thus far, the
paper presents a number of patent citation-related metrics that may assist with
the determination of patent damages.