| Budget Amount *help |
¥1,560,000 (Direct Cost: ¥1,200,000、Indirect Cost: ¥360,000)
Fiscal Year 2015: ¥130,000 (Direct Cost: ¥100,000、Indirect Cost: ¥30,000)
Fiscal Year 2014: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2013: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
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| Outline of Final Research Achievements |
This paper, “Study in Judicial Precedents on Lost Profits Damages in U.S.A” is listed in Kokushikan Business Review, Vol. 5, Nos. 1&2 (Kokushikan University), March, 2016. Determining damages for infringement is one of the most important issues in patent litigation, and also there are many judicial precedents on damages in U.S.A. The statute, 35 U.S.C.§284 provides three models as lost profits, established royalty, and reasonable royalty for determining damages for infringement. Also the court has discretion in choosing methodology for asserting and computing damages in patent infringement case, but its limitation of court’s discretion is that award must be adequate to
compensate for infringement and cannot be less than reasonable royalty. In this paper, I understood the case law on patent infringement damages has increasingly recognized the importance of economic principles, and also considered the damages by using the simulation approach.
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