There have been many attempts to explain licence fee damages, but controversy persists over how they should be understood and when they should be available. Recent cases treat them as a form of restitution for wrongs and cast doubt on the traditional rule by which they are available only for the...

Shifting successful plaintiffs' fees to defendants and increasing damage awards are alternative ways to achieve similar results: increasing plaintiffs' incentives to sue and raising defendants' expected payments. This paper shows that relying on higher damage awards is more efficient than...

This article discusses disgorgement and licence fee damages as distinct "benefit-based" pecuniary measures in contract, disgorgement as the removal of a wrongful profit (account of profits) and licence fee damages as a deemed licence fee measure (restitutionary damages) where the contract has in...