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Profit on proprietary research tools is determined partly by the remedies for infringement, such as damages and … injunctions. We investigate how damages under a liability rule and the opportunity for injunctions under a property rule can … affect the incentives to develop research tools. We show that the prevailing legal doctrine of damages under liability rule …
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The before-and-after method is the most reliable method of proving damages for lost profits. The analyst compares the plaintiff's performance during two periods, one (the “benchmark period”) in which the plaintiff's performance is not affected by the defendant's conduct, and another (the...
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company's net profit ratio. Methods of indirect loss calculation applied do not consider the cost structure of the plaintiff … and the impact of the variation of variable and fixed costs to the lost profit calculation before and after the wrongful …
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