"In this one-stop resource you’ll find a comprehensive overview of strategies, analysis, case studies, and legal insight to help you calculate and recover the maximum lost profits incurred due to patent infringement. Nowhere else will you find such a complete and thorough analysis of current case law and the valuation methods that form the basis of damage awards in IP and patent infringement cases.The European Union, with a market of not far short of twice as many consumers and with a history of patents that is certainly more than twice as long as that of the United States, has no comparable publication. The EU's Intellectual Property Enforcement Directive, Directive 2004/48, has been in force in EU Member States for only around seven and a half years and has virtually no patent-specific case law or interpretation to flesh it out. There are simply no insights to be had. An EU version of this work should be started immediately, while there is so little data to analyse and material to work on; that way, it can grow as decisions proliferatedand methodologies relating to lost profits mature.
... you’ll learn the accepted methods and procedures from financial experts and insight into legal issues from top IP attorneys. This includes a summary of applicable rules of civil procedures and evidence, and continually expanding case law that interprets what prior courts have deemed as acceptable evidence for lost profit claims. You’ll also learn what the courts have rejected and details explaining the reason for the rejection".
Further details of Calculating Lost Profit in IP and Patent Infringement Cases can be accessed here.
1 comment:
Whilst completely supporting Jeremy's call for a European version, Europe is not yet one nation, and so inevitably compared to the States we lack in tertiary structures. We don't have pan-European institutes and publishing houses that could as easily produce a work like this.
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