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.
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