Authors: Daniel Slottje
ISBN-13: 9780471793410, ISBN-10: 0471793418
Format: Hardcover
Publisher: Wiley, John & Sons, Incorporated
Date Published: September 2006
Edition: (Non-applicable)
DANIEL SLOTTJE is a Senior Managing Director in FTI Consulting Inc.'s Forensic and Litigation Consulting practice, and provides consulting services to clients in various industries. He has significant experience in litigation consulting in intellectual property matters, including patent infringement issues, copyrights and trademarks, as well as trade secrets. In addition to advising counsel, he has provided testimony in these and other matters. Dr. Slottje is a Professor of Economics at Southern Methodist University in Dallas and is a former partner in an international consulting firm. He has published more than 120 articles and written several books on economic issues. Dr. Slottje was ranked one of the top three applied econometricians in the world (out of 5,000 people), based on number of published articles in top econometrics journals in 1999. He has been quoted in national newspapers and has appeared on Fox, CBS, and NBC affiliates.
Patent activity from big corporations and homegrown inventors alike is booming in the United States; alongside all this patent activity is a surge in complicated legal action involving patents, copyrights, trademarks, and trade secrets. In the headlines everyday are patent lawsuits with big names such as BlackBerry® (RIMM), eBay, Procter & Gamble, and Coca-Cola involved in big lawsuits, with big moneyand big ideasat stake.
Edited by Daniel Slottje, a leading litigation consultant, Economic Damages in Intellectual Property: A Hands-On Guide to Litigation is a timely guidebook filled with insightful contributions from expertsincluding intellectual property (IP) professionals, attorneys, economics professors, certified public accountants, and other damages professionals. Intelligent and revealing, these insiders shed authoritative light on how to quantify damages in litigation matters involving IP.
Thoroughly researched and practical, this guide presents indispensable analysis of cases providing information on how economic analysis in support of IP litigation matters is performed and how that information can be disseminated for a better understanding of the case at hand. This important book provides IP professionals and lawyers with comprehensive coverage of:
With real-world case studies involving well-known companies to help make the concepts clear and accessible, Economic Damages in Intellectual Property: A Hands-On Guide to Litigation demystifies this process towards an understanding of how damages are calculated and how that information can be used in cases of all types.
Ch. 1 | U.S. case law and economic damages in patent litigation | 3 |
Ch. 2 | Trends in U.S. patent activity | 15 |
Ch. 3 | Trademark infringement and the legal bases for the recovery of economic damages | 27 |
Ch. 4 | Explaining venue choice and litigant preferences : solving the Delaware "mystery" | 67 |
Ch. 5 | Commonly debated issues in performing economic damages analyses in intellectual property matters | 83 |
Ch. 6 | Loss of profits as a measurement of damages in patent infringement matters | 95 |
Ch. 7 | The law of demand and lost profits analysis | 113 |
Ch. 8 | A holistic approach to patent damages analysis | 133 |
Ch. 9 | Commercial success : economic principles applied to patent litigation | 159 |
Ch. 10 | Reasonable royalty as a measure of damages in patent infringement matters | 171 |
Ch. 11 | The "analytical approach" as a technique to determine a reasonable royalty | 181 |
Ch. 12 | A quasi-comparable approach to reasonable royalty determination | 191 |
Ch. 13 | Using statistics in patent cases : a case study | 201 |
Ch. 14 | Using statistics in copyright cases | 215 |
Ch. 15 | Quantification of damages in trademark cases | 231 |
Ch. 16 | Economic damage quantification in trademark matters | 249 |
Ch. 17 | Evaluation of damages claims in a trade secrets case | 265 |
Ch. 18 | A primer on trademarks and trademark valuation | 281 |