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Author Topic: Can licensor rely on damages/lost-profits to exclusiv licensee to show damages?  (Read 1066 times)

peeJ1029

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Is anyone aware of a case which holds that a licensor of IP (whether it be patents or trademarks) can rely on the lost sales/damage to the exclusive licensee of the IP to prove damages?
Thanks.
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MYK

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What's the context?  Patent infringement litigation?  I can't name a case offhand, but that was one of the often-used methods of calculating damages, accordin to my patent litigation class.
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Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

peeJ1029

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What's the context?  Patent infringement litigation?  I can't name a case offhand, but that was one of the often-used methods of calculating damages, accordin to my patent litigation class.

The context is an IP holding company, as the owner of the IP, brings suit for trademark or patent infringement. The IP holding company does not actually use the IP, but rather is just set up to manage the administrative and enforcement aspects of the IP. If you can provide me with a case in which the licensor/IP holding company was permitted to rely on damages to the licensee/operating company, that would be very helpful.
Thanks.
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MYK

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I'll try to find my notes and casebook.  Meanwhile, this looks like a good summary:
http://www.patenthawk.com/blog/2005/03/infringement_damages_primer.html

Also this:
http://jolt.law.harvard.edu/articles/pdf/v05/05HarvJLTech095.pdf
The Georgia-Pacific factors on pp28-29 (pp122-3) might be of interest.
« Last Edit: 07-21-11 at 01:45 am by MYK »
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Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.
 



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