Christopher B. Seaman

TL;DR: In this paper, the authors discuss the law and policy of monetary awards, including exemplary damages and litigation cost recoveries, that go beyond the compensatory damages to which prevailing parties in patent litigation are normally entitled.

TL;DR: In this paper, the authors address two types of monetary remedies for patent infringement: (1) recovery of the patentee's lost profits and (2) disgorgement of the infringer's profits.

TL;DR: In this paper, the results of an original empirical study of contested permanent injunction decisions in district courts for a 7 ½ year period following eBay v. MercExchange are reported. And they find that eBay has effectively created a bifurcated regime for patent remedies, where operating companies who compete against an infringer still obtain permanent injunctions in the vast majority of cases that are successfully litigated to judgment.

TL;DR: The eBay decision has been extensively cited by lower federal courts, and is the subject of numerous law review articles as discussed by the authors, however, there has been little rigorous empirical examination of eBay's actual impact in patent litigation.

TL;DR: In this paper, the authors proposed an alternative standard for determining damages for patent infringement when an acceptable non-infringing substitute exists for the patent technology. But the standard was not applied in patent disputes involving complex, high-technology products, resulting in unpredictable damages that tend to overcompensate patentees.