Seaman, Cotter, Love, Siebrasse and Suzuki, ‘Lost Profits and Disgorgement’

Abstract
This book chapter addresses two types of monetary remedies for patent infringement: (1) recovery of the patentee’s lost profits and (2) disgorgement of the infringer’s profits. Both remedies make a comparison between what actually happened and a hypothetical ‘but for’ world in which no infringement occurred. But the two remedies have substantially different objectives: lost profits are intended to compensate the patentee by restoring it to the position it would have occupied absent infringement, while disgorgement may serve other purposes, including deterrence, recapturing wrongful gains, and encouraging ex ante licensing of patented technology …

Seaman, Christopher B, Cotter, Thomas F, Love, Brian J, Siebrasse, Norman and Suzuki, Masabumi, Lost Profits and Disgorgement (September 14, 2018). Forthcoming in Patent Remedies and Complex Products: Toward a Global Consensus, Ch 2 (Brad Biddle, Jorge L Contreras, Brian J Love, and Norman V Siebrasse, eds, Cambridge University Press).

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