Lost Profits from Patent Infringement: The Simulation Approach

Authors: Werden G. J.; Froeb L. M.; Langenfeld J.

Source: International Journal of the Economics of Business, Volume 7, Number 2, 1 July 2000 , pp. 213-227(15)

Publisher: Routledge, part of the Taylor & Francis Group

Abstract:

A patent owner is entitled to recover any additional profits that would have been earned but for infringement. This paper suggests the use of an adaptation of merger simulation to assess lost profits in patent infringement cases. A model of the industry with infringement is calibrated to observed prices and quantities and estimated demand elasticities. Lost profits are then estimated by calculating a new equilibrium without the infringing product(s).

Keywords: SIMULATION; PATENTS; DAMAGES

Language: English

Document Type: Research article

Publication date: 2000-07-01

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