Stuart Graham, Peter Menell, Carl Shapiro, and Tim Simcoe have just posted the Final Report of the Berkeley Center for Law & Technology Patent Damages Workshop, available here. I was pleased to participate in the workshop back in March, along with John Golden and many others whom I respect and admire. Here is the authors' summary of the report:
On March 3, 2016, the Berkeley Center for Law & Technology hosted a day-long workshop on patent damages, one of the most important and contentious topics in patent law and policy. Organized by Professors Stuart Graham (Georgia Tech, Scheller College of Business), Peter Menell (BCLT Director and Berkeley Law), Carl Shapiro (Haas Business School at UC Berkeley), and Tim Simcoe (Boston University Questrom School of Business), the workshop brought together in-house counsel, litigators (from both the assertion and defense sides), patent licensing professionals, testifying expert witnesses, and academics (both law professors and economists). This report summarizes the discussion, key findings, and ramifications for patent case management. It includes a background memo summarizing patent damages law prepared by Professors Thomas Cotter (Univ. of Minnesota Law School) and John Golden (Texas Law). The organizers welcome feedback on this report and hope to continue a conversation with all interested parties regarding patent damages.Anyone who's interested in the law and economics of patent damages ought to take a look at this report; and as the summary says, I'm sure the organizers would welcome feedback. Comments welcome here too.