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Patent Remedies Assistant Professor Colleen Chien

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Presentation on theme: "Patent Remedies Assistant Professor Colleen Chien"— Presentation transcript:

1 Patent Remedies Assistant Professor Colleen Chien colleenchien@gmail.com

2 Two Types of Remedies

3 Money

4 What is the value of a patent? $599 “Slide to Unlock Patent”

5 How about now? $599 250K patents

6 How about now? $599 250K patents Cost of components $120 Cost of marketing $60 Cost of R&D $200

7 What the jury sees $599 “Slide to Unlock Patent”

8 Two Types of Remedies

9 How much does it cost to design around the patent?

10 How much does it cost to design around the patent?

11 How much does it cost to design around the patent?

12 Two Types of Remedies + a third consideration

13 How much does it cost to fight over the value of the patent?

14 What the law says 35 U.S.C. 284 Damages. …the court shall award the claimant damages adequate to compensate for the infringement…

15 What the law says 35 U.S.C. 283 Injunction. The courts []may grant injunctions

16 The Business Opportunity Nuisance-Value Litigation Business Model The Cost of Offense is greater than the Expected Recovery The Cost of Defense, and therefore Likely Settlement Fees are greater than the Cost of Offense Settlement?

17 Thank You! Colleen Chien colleenchien@gmail.com Links to my papers with data referenced here: http://papers.ssrn.com/Auth_id=362060


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