Patent Remedies and Complex Products: Toward a Global Consensus

I’m very pleased to announce the release by Cambridge Univ. Press of Patent Remedies and Complex Products: Toward a Global Consensus (Brad Biddle, Jorge L. Contreras, Brian J. Love & Norman V. Siebrasse eds., Cambridge Univ. Press 2019). Here is the description:

Through a collaboration among twenty legal scholars from eleven countries in North America, Europe and Asia, Patent Remedies and Complex Products presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks and the Internet of Things. It covers the application of both monetary remedies like reasonable royalties, lost profits, and enhanced damages, as well as injunctive relief. Readers will also learn about the effect of competition laws and agreements to license standards-essential patents on terms that are 'fair, reasonable and non-discriminatory' (FRAND) on patent remedies. Where national values and policy make consensus difficult, contributors discuss the nature and direction of further research required to resolve disagreements.

The book is the work of the project on International Patent Remedies for Complex Products (INPRECOMP), which brought together the aforementioned twenty scholars for two workshops, plus innumerable rounds of collaborative work in drafting the individual chapters. At the second workshop, a panel of prominent judges and practitioners with experience in complex products litigation provided feedback on a draft version of the work, and the book is aimed not only at academics but also lawyers, judges, and other professionals involved in the global patent system.

Patent Remedies and Complex Products is available in print from Amazon or direct from Cambridge U Pr and also in an open-access version which provides the full text in pdf and html for free download and viewing.

The project was managed through the Center for Law, Science and Innovation (CLSI) at Arizona State University's Sandra Day O'Connor College of Law and primarily funded by a gift to CLSI from Intel.

While I’m on the subject of patent remedies for complex products, I’ll mention my book chapter with Professor Tom Cotter, "Judicially Determined FRAND Royalties," in Jorge L Contreas (ed), The Cambridge Handbook of Technical Standardization Law: Competition, Antitrust, and Patents (Cambridge University Press, 2017), Chapter 23. It is a comprehensive review of the basis for calculation of FRAND royalties in all the cases that were decided by the time it was written (which still includes most of the leading cases), and I suggest it would be of interest to any lawyer involved in FRAND royalty litigation