Study on Application of Reasonable Royalty to Damages Calculation - Taking Chemical Engineering Process as an Example

• Main Authors: LEE, HAN-CHUNG, 李漢中
• Other Authors: WANG, WEI-LIN
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/46765k

碩士 === 東吳大學 === 法律學系 === 102 === In recently, the innovation process of chemical engineering is a knowledge - intensive industry that has become one of the major development projects around the world. However, the technology is often not the terminal technology to make the chemical products. If use the general financial appraisal model to estimate the value of patent, the consideration due to lack of actual situation and cannot provide the owner of industry as an important reference. For the perceived value, there is a huge divide between buyers and sellers. Therefore, it is very important for the chemical engineering company, how to objectively calculate the value of the innovation process of chemical engineering, and to make an appraisal of the results more representative. Article 284 of the US Patent Law (35 U.S.C. 284 Damages.) stipulates two methods to calculate the damage of patent infringement, which are lost profit and reasonable royalty. Respectively, reasonable royalty reflects the least amount to compensate the damages; it is a substitute while the method of lost profit encounters difficulties in proving the damages. In recently, it has become the major method in the US federal courts to determine the amount of patent damages. In most cases, the US federal courts use hypothetical negotiation to decide the rate of reasonable royalty, and they usually apply 15 factors listed in the Georgia-Pacific case, to estimate the legal risk for the both parties in patent litigation. Especially for the infringement defendants or potential licensees of issued patents. This article intends to summarize the results of Georgia-Pacific 15 factors deciding the rate of reasonable royalty, and establish a reasonable calculation model from the actual infringement lawsuits. Having reviewed the selected case, the positive or negative effects of each factor in patent infringement and test the validity of this model. The findings showed that the forecast ability of this reasonable calculation model is good. This research results may apply in the calculation of patent value, and the patent infringement lawsuit can produce the damage award with the planning tactic of the patent laws. It also can be assist the plaintiff and defendant in carrying on the negotiations when the patent infringement lawsuits. Moreover, this research results may further apply in the appraisal of patent property, the authorization and the transaction etc.