Intellectual Property

MiCRA’s economists have calculated lost profits and reasonable royalty damages in patent infringement cases in a variety of industries. In calculating patent damages, we have analyzed such issues as market definition and the patent holder’s but-for market share, the profitability of the patented invention to the patent holder and infringer, the impact of competition from the infringer on the patent holder’s prices, the economic advantages of the patented invention over alternatives to the infringer, the amount the infringer would have paid to license the infringed patent prior to infringement, and prejudgment interest.

MiCRA’s economists also have analyzed the economic basis for certain legal rules toward intellectual property. For example, we examined the proper scope for copyright protection for computer software that has achieved the status of a de facto standard.

Power MOSFET Technologies, LLC v. Siemens, AG, et al.
ZC Sterling Insurance Agency, Inc. et al. v., Inc., et al.
Ventana Medical Systems, Inc. petitioner to the US Department of Energy
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