Panduit Standard in the United States
In Patent Damages Law
Note: for more information on patent damages law, click here.
This covers the following:
- Acceptable substitutes jury instructions (standard for proving lost profits damages)
- Critique and modications (standard for proving lost profits damages)
- Demand for patent product (infringer’s name and reputation as defense, jury instruction, market expansion defense,
- Patent owner’s capacity to meet, “submarket” defense)
- Discovery (standard for proving lost profits damages)
- Infringement (standard for proving lost profits damages, absence of acceptable non-infringing substitutes,
- Infringer’s name and reputation as defense, jury instructions, doubts resolved against infringer)
- Jury instructions (see below)
- Standard for proving lost profits damages (see below)
- Substitutes (acceptable substitutes)
- Standard for proving lost profits damages
Standard for proving lost profits damages
- absence of acceptable non-infringing, substitutes,
- effect on conduct of infringer,
- substitute issue,
- definition of “legally acceptable substitute”
- Federal circuit interpretations,
- effect on market influences,
- substitute issue,
- market share evaluations,
- patent-owner’s products as substitutes,
- price of alleging non-infringing substitutes,
- absence of acceptable non-infringing substitutes,
- effect on prior settlements,
- multiple infringers,
- timing of availability of alleged substitute,
- Yarway’s mini-market approach,
- proving amount of lost profits,
- discovery,
- testimony of economic experts,
- evidence presented by infringer,
- substantiation of patent owner’s lost profits theories,
- evidence and calculations,
- foreign sales,
- incremental income approach,
- jury instruction,
- incremental profit methodology,
- price erosion, causation,
- critique and modication,
- market share evaluations,
- modication of Panduit standard,
- technical substitutes vs. economic substitutes,
- discovery
- foreign sales,
- infringement,
- jury instructions,
- Market and Market Conditions
- multifaceted machine that incorporates patented feature,
- price erosion,
- spare parts,
- inclusion of unpatented items in damage award,
- substitutes critique of standard,
- technical substitutes vs. economic substitutes,
- jury instructions,
- two-supplier market theory,
- unpatented items,
- inclusion in damage award
- expansion of liability for unpatented devices and spare parts,
- incorporating patent features,
- market value rule
- multifaceted machine that incorporates patented feature,
- sale of unpatented item with patented item: collateral, spare parts,
Jury instructions
- acceptable substitutes
- niche market
- relevant customer
- incremental amount of profit,
- income approach,
- capacity,
- computation of lost profits,
- jury instructions demand,
- doubts resolved against infringer,
- market
- niche market
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