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Lost Profits in Intellectual Property Cases

Author

Listed:
  • Stephenson Stanley P.

    (Litigation Economics LLC, Tampa, FL, United States of America)

  • Prakash-Canjels Gauri

    (Litigation Economics LLC, Washington, DC, United States of America)

Abstract

Much has been written about various remedies in litigation involving intellectual property (“IP”) infringements, some economic and other non-economic. A common remedy across different types of IP is lost profits. This paper explores similarities and differences among different types of IP infringement: patent, copyright, trademark, and trade secrets. Common elements needed in any lost profits claim, especially causality, are presented and along with damages implications for plaintiff and infringer by type of IP. These are a few of issues considered along with brief discussion of key statutes, cases, and the alternative of damages based on reasonable royalty rates.

Suggested Citation

  • Stephenson Stanley P. & Prakash-Canjels Gauri, 2020. "Lost Profits in Intellectual Property Cases," Journal of Business Valuation and Economic Loss Analysis, De Gruyter, vol. 15(1), pages 1-10, February.
    • Handle: RePEc:bpj:jbvela:v:15:y:2020:i:1:p:10:n:1
    DOI: 10.1515/jbvela-2019-0018
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