Lost Profits in Intellectual Property Cases

Stephenson Stanley P. () and Prakash-Canjels Gauri ()
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Stephenson Stanley P.: Litigation Economics LLC, Tampa, FL, United States of America
Prakash-Canjels Gauri: Litigation Economics LLC, Washington, DC, United States of America

Journal of Business Valuation and Economic Loss Analysis, 2020, vol. 15, issue 1, 10

Abstract: Much has been written about various remedies in litigation involving intellectual property (“IP”) infringements, some economic and other non-economic. A common remedy across different types of IP is lost profits. This paper explores similarities and differences among different types of IP infringement: patent, copyright, trademark, and trade secrets. Common elements needed in any lost profits claim, especially causality, are presented and along with damages implications for plaintiff and infringer by type of IP. These are a few of issues considered along with brief discussion of key statutes, cases, and the alternative of damages based on reasonable royalty rates.

Keywords: lost profits; intellectual property infringement; damages; patents; trade-secrets (search for similar items in EconPapers)
Date: 2020
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DOI: 10.1515/jbvela-2019-0018

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