Comparative Patent Remedies

Preface Chapter 1: Introduction What Patents Are International Obligations Benefits and Costs of Patent Systems On Comparative Law and Economics, and the Plan of this Book Identifying Differences and Similarities Positing possible reasons for the differences Positive analysis Normative analysis Chapter 2: A Framework for Patent Remedies The Impact of Infringement Some General Implications Implications: Injunctive Relief Implications: Damages Conclusion Chapter 3: Patent Remedies in the United States Overview: The U.S. Patent and Judicial Systems Patent Remedies: Historical Development Injunctions Damages Damages: Lost Profits Damages: Reasonable Royalties Enhanced Damages Attorneys' Fees, Costs, and Interest Awards of Infringer's Profits in Design Patent Cases Declaratory Judgments Conclusion Chapter 4: Patent Remedies in the United Kingdom, Canada, and Australia Introduction Overview Patent Remedies: An Overview Injunctions Damages Lost Profits Reasonable Royalties Accounting of Defendant's Profits Enhanced Damages, Attorneys' Fees, Interest Declaratory judgments, oppositions, and invalidation proceedings Summary Chapter 5: Patent Remedies in Continental Europe Introduction Overview Remedies Preliminary and Permanent Injunctions Cross-Border Injunctions and Torpedo Actions Damages: General Considerations Damages: Lost Profits Damages: Reasonable Royalties Defendant's Profits Enhanced Damages, Attorneys' Fees, Interest Oppositions, Invalidation Proceedings, and Declaratory Judgments Conclusion Chapter 6: Patent Remedies in Japan Introduction Overview Patent Remedies: An Overview Preliminary Injunctions, Permanent Injunctions, and Border Measures Damages: Overview Lost Profits Reasonable Royalties Defendant's Profits Enhanced Damages, Attorney's Fees, Interest Invalidation Actions and Declaratory Judgments Summary Chapter 7: Patent Remedies in China and Selected Other Patent Systems Introduction China: Overview China: Remedies China: Injunctions China: Damages China: Invalidity Proceedings South Korea and Taiwan India Summary Chapter 8: Conclusion Table of Cases Index