An Exploratory Research on Patent Infringement Damages: An Empirical Analysis of Cases in the Taiwan IP Court

Autor:	Kuei, Hsiang Hao, 桂祥豪
Druh dokumentu:	學位論文 ; thesis
Popis:	101 This research explores the association of the patent-damage calculation theories with the Variance between the amount of damage claimed and that awarded. Specifically, it tests the relationship between the Variance and three explanatory variables, namely, patent-damage calculation theories based on the profit, sales, and reasonable royalty, along with control variables including the case specifics, patents-at-issue, and litigants information. Its sample includes 186 patent infringement cases decided in Taiwan Intellectual Property Court from 2008/9 to 2010/9. The empirical regression model explains 45.1% of the variation in the Variance. The results show significance associations of the Variance with the profit approach and the sales approach, but not with the reasonable royalty approach. Such findings point out that the profit approach is more successful at reducing the Variance, implying that the patentee should present more detailed evidence during litigation to get more awards.
Databáze:	Networked Digital Library of Theses & Dissertations
Externí odkaz:	http://ndltd.ncl.edu.tw/handle/4gzpf4 Zobrazit plný text záznamu