Using Patent Valuation Methods to Assess Damages in Patent Infringement Cases under the Unified Patent Court

Research output: Contribution to journalJournal articleResearchpeer-review

Abstract

We illustrate how publicly sanctioned IP valuation guidelines prevailing in Europe can be applied to assess damages as foreseen under the provisions of the UPC Agreement. With the help of a hypothetical example, we then evaluate if and to what extent the various ways proposed by European institutions to value IP fit with the provisions of the UPCA. We find that in situations where courts have all the necessary information required to determine damages, the IP valuation methods are a very useful tool in determining damages. It can however be expensive to obtain the necessary data to adequately determine damages.
Original languageEnglish
JournalWorld Patent Information
Volume52
Pages (from-to)1-8
Number of pages8
ISSN0172-2190
DOIs
Publication statusPublished - Mar 2018
Externally publishedYes

Keywords

  • Patent valuation
  • Damage awards
  • Unified Patent Court

Cite this

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title = "Using Patent Valuation Methods to Assess Damages in Patent Infringement Cases under the Unified Patent Court",
abstract = "We illustrate how publicly sanctioned IP valuation guidelines prevailing in Europe can be applied to assess damages as foreseen under the provisions of the UPC Agreement. With the help of a hypothetical example, we then evaluate if and to what extent the various ways proposed by European institutions to value IP fit with the provisions of the UPCA. We find that in situations where courts have all the necessary information required to determine damages, the IP valuation methods are a very useful tool in determining damages. It can however be expensive to obtain the necessary data to adequately determine damages.",
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author = "Roya Ghafele and Bogetoft, {Rasmus Kamstrup}",
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journal = "World Patent Information",
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Using Patent Valuation Methods to Assess Damages in Patent Infringement Cases under the Unified Patent Court. / Ghafele, Roya; Bogetoft, Rasmus Kamstrup .

In: World Patent Information, Vol. 52, 03.2018, p. 1-8.

Research output: Contribution to journalJournal articleResearchpeer-review

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N2 - We illustrate how publicly sanctioned IP valuation guidelines prevailing in Europe can be applied to assess damages as foreseen under the provisions of the UPC Agreement. With the help of a hypothetical example, we then evaluate if and to what extent the various ways proposed by European institutions to value IP fit with the provisions of the UPCA. We find that in situations where courts have all the necessary information required to determine damages, the IP valuation methods are a very useful tool in determining damages. It can however be expensive to obtain the necessary data to adequately determine damages.

AB - We illustrate how publicly sanctioned IP valuation guidelines prevailing in Europe can be applied to assess damages as foreseen under the provisions of the UPC Agreement. With the help of a hypothetical example, we then evaluate if and to what extent the various ways proposed by European institutions to value IP fit with the provisions of the UPCA. We find that in situations where courts have all the necessary information required to determine damages, the IP valuation methods are a very useful tool in determining damages. It can however be expensive to obtain the necessary data to adequately determine damages.

KW - Patent valuation

KW - Damage awards

KW - Unified Patent Court

KW - Patent valuation

KW - Damage awards

KW - Unified Patent Court

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DO - 10.1016/j.wpi.2017.12.003

M3 - Journal article

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JO - World Patent Information

JF - World Patent Information

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