‘Are Patent Damages Uncertain?’

Michael Mazzeo, Jonathan Hillel, and Samantha Zyontz, Explaining the ‘Unpredictable’: An Empirical Analysis of Patent Infringement Awards, 35 International Review of Law and Economics 58 (2013). A recent American Bar Association Corporate Counsel seminar styled itself as ‘The Uncertain Arena: Claims for Damages and Injunctive Relief in the Unpredictable World of IP Litigation’. The seminar began by recounting the seemingly surprising, $1 billion-plus damage awards in the patent infringement actions, Carnegie Mellon v Marvell Technology, Apple v Samsung, and Monsanto v DuPont. These blockbuster awards stand in stark contrast to the usual awards of $20 million or less in a typical case. By and large, in-house counsel have chalked up much of these differences to the luck of the draw …” (more)

[Ted Sichelman, JOTWELL, 30 June]

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