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Article
Let the Games Begin: Incentives to Innovation in the New Economy of Intellectual Property Law
Santa Clara Law Review (2006)
  • Amy L Landers
Abstract

Patent litigation is developing a troubling resemblance to a Las Vegas casino. Juries have awarded patentees damage amounts that far exceed the value of a patented invention. At the same time, courts have failed to define standards to align damages with the patentee’s harm. As a result, the damages awarded for patent infringement far exceed the amount that the patent is worth. These circumstances create incentives for patentees to “game” the patent system by seeking large damages and settlement jackpots from those accused of infringement. Increasingly, so-called “patent trolls” assert patent infringement allegations, seeking to turn ideas into cold hard cash. All the while, the value of a patent bears an increasingly distant relationship to the damages awarded in patent litigation for use of the patented invention.

Keywords
  • Patent,
  • Patent Valuation,
  • Reasonable Royalty,
  • Patent Damages
Disciplines
Publication Date
2006
Citation Information
Amy L Landers. "Let the Games Begin: Incentives to Innovation in the New Economy of Intellectual Property Law" Santa Clara Law Review Vol. 46 (2006)
Available at: http://works.bepress.com/amy_landers/4/