Patent Remedies

Assistant Professor Colleen Chiencolleenchien@gmail.com

Two Types of Remedies

Money

What is the value of a patent?

$599

“Slide to Unlock Patent”

How about now?

$599

250K patents

How about now?

$599

250K patents

Cost of components $120Cost of marketing $60Cost of R&D $200

What the jury sees

$599

“Slide to Unlock Patent”

Two Types of Remedies

How much does it cost to design around the patent?

How much does it cost to design around the patent?

How much does it cost to design around the patent?

Two Types of Remedies + a third consideration

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

What the law says

35 U.S.C. 284 Damages.

…the court shall award the claimant damages adequate to compensate for the infringement…

What the law says

35 U.S.C. 283 Injunction.

The courts []may grant injunctions

The Business Opportunity

Nuisance-Value Litigation Business Model

The Cost of Offense is greater than the Expected RecoveryThe Cost of Defense, and therefore Likely Settlement Fees are greater than the Cost of Offense

Settlement?

Thank You!

Colleen Chiencolleenchien@gmail.com

Links to my papers with data referenced here:http://papers.ssrn.com/Auth_id=362060