the liability rule, the court allows the infringing party to continue to infringe the patent in question so long as it …When a patent has been infringed, the court can impose a forward-looking remedy based on a property rule or based on a … liability rule. Under the property rule, the court issues an injunction ordering the infringing party to stop infringing. Under …

In 1995, the Federal Circuit summarily attached the label of “strict liability” to direct patent infringement, even … infringement liability is now so well-engrained in patent doctrine that it is easy to lose sight of how recent the advent of this … direct patent infringement liability improperly inflates the courts’ role in setting direct patent infringement liability …

setting patent damages or valuing patents taken by eminent domain. In theory, cost-plus damages can address one of the central … challenges of patent law: ensuring that a patentee does not obtain excessive rents for an invention. But cost-plus damages have … that they can charge. This Article assesses recent literature proposing cost-plus patent damages, and it offers a …

strict liability in patent infringement cases. Assuming the primary value of patent law is utilitarian, the Article poses the … reforms to the liability rule in direct patent infringement cases. Defendants should be liable for accidental patent …Accidental infringement of patent rights is a pervasive and growing problem in the Information Age. As IP rights …

In recent years, juries in some patent infringement suits have awarded prevailing patentees "reasonable royalty … various practices relating to the calculation of patent damages. Other voices, not surprisingly, have either defended the … debates are fundamental differences of opinion concerning the risks of so-called "patent holdup" resulting from the discovery …

problem of determining infringement liability when multiple actors work together to infringe a method patent. Under current … escape liability which results in the violation of the patent holders' rights. Congress was granted the Constitutional right …The definition of infringement is fairly ambiguous in patent law, which presents courts with the unique and difficult …