Case Study On Compensation Amount Of Patent Infringement Case

As we all know, with the rising of patent application number, the amount of patent infringement cases is increasing, too. It has been a hot topic in judicial practice recent years how to compensate the lost of right owner in the patent infringement case. It is also most concerned by right owner. In many patent infringement cases, although right owner knows well regarding infringement, he doesn’t know what to do before the fact of infringement. He cannot protect his legitimate interests timely and effectively, either as he doesn’t have any experience of similar case. Infringement would be requested to stop after lawsuit by right owner but lost profit of right owner might not be compensated reasonably. It happens quite often in various regions of courts.This article is divided into three chapters. The first chapter describes the implication, scope, nature and doctrine of liability fixation of compensation to damages of patent infringement. The second chapter introduces and analyze the characteristic of calculating methods of lost of right owner, profit gained by infringer, reference on patent licensing fee and statutory damages by four typical cases. These cases also analyze how right owner understand and use the four calculating methods. The third chapter offers advice and strategy for right owner by choosing proper calculating method of infringement compensation to damages through comparison of Chinese and foreign legislation and judicial practice. It also emphasizes on how importance of collecting evidence to final economy compensation.