Patent Reform: Damages

Abstract

One of the most contentious issues in the debate over patent reform is the question of how, if at all, Congress should change the way courts calculate patent damages. To understand that fight, we examine in this podcast a series of edited excerpts from testimony recently given before the Senate and, separately, the Federal Trade Commission, all on the question of damages reform. The goal here is not to advocate for a particular legislative outcome, but instead to understand why damages calculations are so hard, and to explore the spectrum of possible responses. UCLA Law School’s Doug Lichtman hosts. (Podcast available for free in the archives at ipcolloquium.com.)

Keywords: patent law, damages, remedies, patent reform, patent legislation, intellectual property

JEL Classification: K00, K11, O34