International Patent Remedies for Complex Products (INPRECOMP) Project

Objective

Over the past decade a substantial scholarly literature has developed in the area of remedies for infringement of patents reading on complex products (products that potentially infringe many patents). The International Patent Remedies for Complex Products (INPRECOMP) Project will advance scholarship in this area by bringing together leading international patent scholars in a collaborative environment with the objectives of:

  • identifying areas of existing consensus;
  • building new consensus where possible, including utilizing new ideas and approaches;
  • precisely identifying areas of disagreement; and
  • specifying the nature and direction of research which would be required to help resolve those disagreements.

This Project will focus on monetary and injunctive remedies. These will be addressed at a variety of levels, ranging from theory to practical doctrinal rules, and in a global context.

Topics

The specific topics to be addressed are:

  1. Reasonable Royalty Damages for Complex Products
  2. Lost Profits Damages and Disgorgement of Defendant’s Profits
  3. Enhanced Damages and Costs Award
  4. Injunctions and Exclusionary Remedies
  5. Effect of FRAND commitment
  6. Intersection of Patent Law and Competition Law

The Project will be centered on two workshops: one at King’s College London on October 27-28, 2016, and a second at the Arizona State University’s Sandra Day O’Connor College of Law on March 23-24, 2017. The workshops will include 20 academic legal experts, representing 12 countries and a diversity of viewpoints.

There is a substantial scholarship related to patent remedies for complex products, and we believe that important progress can now be made by building on this scholarship with a collaborative and integrative process.

 

Presented by:

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*The INPRECOMP Project is supported by a gift to the Center for Law, Science & Innovation from Intel Corporation.

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