Friday, December 21, 2018

Papers from PatDam 2; Punitive Damages in Korea; Qualcomm v. Apple

1.  As I mentioned on Wednesday, at least some of the papers presented at the February 2017 University of Texas Patent Damages Conference Part 2 have now been published.  At present, there doesn't appear to be a page on either the Texas Intellectual Property Law Journal (TIPLJ)'s or The Review of Litigation (TROL)'s website dedicated to all of the papers from this conference, as there was for PatDam 1.  (See here--though it now appears that some of the links on that page are dead.  The students running the site need to fix this, and to post all of the papers from PatDam2 which, after all, took place nearly two years ago.)  But here are the ones I've been able to locate.  All of the papers below are available on Westlaw, and some are probably available, perhaps in earlier versions, on ssrn.

John M. Golden, Foreword:  Channeling Patent Damages, 26 TIPLJ v (2018). 
Jennifer L. Blouin & Melissa F. Wasserman, Tax Solutions to Patent Damages, 26 TIPLJ 1 (2018).
Anne Layne-Farrar, The Patent Damages Gap:  An Economist's Review of U.S. Statutory Patent Damages Apportionment Rules, 26 TIPLJ 31 (2018).
Hon. Arthur J. Gajarsa, William F. Lee & A. Douglas Melamed,  Breaking the Georgia-Pacific Habit:  A Practical Proposal to Bring Simplicity and Structure to Reasonable Royalty Damages Determinations, 26 TIPLJ 51 (2018).
Oskar Liivak, Beyond Circularity:  Licensing for Innovation, 26 TIPLJ 113 (2018). 

There is also a commentary on Blouin & Wasserman's paper by Susan C. Morse, titled Seeking Comparable Transactions in Patent and Tax, in The Review of Litigation--The Brief (which I think is that journal's online companion), available here.

2.  On the IAM Blog earlier this week, Bing Zhao published a post titled Korea Adopts Treble Damages in Bid to Curb "Technology Extortion."  According to the post, treble damages will be available for willful patent infringement and trade secret misappropriation.  Courts will consider various factors ("recognition of infringement by the infringer or potential loss on the part of a patent owner," etc.) as relevant to willfulness.  Korea thus joins Taiwan and, possibly this coming year, China, in authorizing awards of treble damages.

3.  As many readers are aware, courts in China and Germany recently entered injunctions against certain models of iPhones in patent litigation initiated by Qualcomm.  Florian Mueller has had a series of posts on the German litigation, and his post today goes into some detail on the nature of the injunction, the possibility of Qualcomm being liable for wrongful enforcement damages if the trial court judgment is reversed on appeal, etc.  For other coverage, see, e.g., this article in the Wall Street Journal.

*                    *                    *

I plan to take a blogging break through the end of the year, and to resume after January 1.  Best wishes to my readers for the holiday season!

1 comment: