There are established judicial frameworks for determining eco- nomic damages in patent infringement cases. These judicial frameworks (1) have broad acceptance and (2) contain gener- ally accepted economic methodology for calculating damages in patent infringement cases.Dennis M. Mandell...
According to Article 14 of Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Dispute Cases (2020), the benefit gained by the infringer under Article 63(1) of Trademark Law of the People’s Republic of China may ...
In the trademark infringement and unfair competition lawsuit,which is filed based on relevant facts,to clarify the damage's relationship between the trademark infringement and unfair competition is a key link to join the infringement and damages. As far as judges,whether the damage 's relationship ...
In the past three years, 148 cases of intellectual property rights infringement were tried and closed with punitive damages awarded by people's courts at different levels in China's Guangdong province. Of the total, 67 cases were tried and closed in 2021 alone, with the largest award of 30 ...
We would like to cite a recent court case, in which the courts of first and second instance rendered different opinions, with a view to highlighting again the fact that the defense of extinctive prescription is an extremely important and noteworthy legal issue in trademark infringement cases. ...
involved a suit for trademark infringement, where Cooper Industries was accused of using photographs of a knife manufactured by Leatherman Tool Group. A jury awarded Leatherman $50,000 in general damages and $4.5 million in punitive damages. On appeal, the U.S. Court of Appeals for the Ninth...
with giant rectangular screens and rounded corners well before Apple showed up. The initial trial, which stretched more than three weeks in August 2012, wrapped both of those cases in one, somehow squeezing together the patent infringement issues, alongside antitrust claims, and eventrade dress...
In cases where it is established that the plaintiff’s right has been infringed but there is no evidence put on record to prove the loss incurred, courts have begun granting nominal damages with a view to vindicating the plaintiff. InStarbucks Corporation v Teaquila A Fashion Café ...
This notion originated from the fact that the amount of compensation for infringement in China was much lower than that in the developed countries. However, recent cases ruled by Chinese courts have started to change this stereotype, showing the strong determination of Chinese government to protect ...
the article put forward different institutions of damages for the two types of patent infringement.Finally,after the value analysis of patent system,we can see that compared with current policies and institutions,the improved policies and institutions can do better in realizing justice value,efficiency...