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7/30/2012

Sung Authors 755-Page Cumulative Supplement to Bloomberg BNA’s Patent Infringement Remedies

Bloomberg BNA published the 2012 edition of its Patent Infringement Remedies. IP Litigation Partner Lawrence Sung authored the 755-page cumulative supplement to the 2004 main volume.

The main volume is a resource on recovery for patent infringement that includes topical consideration of lost profit determinations; reasonable royalty damages determinations, including the Georgia-Pacific factors to be considered in calculating reasonable royalty; preliminary and permanent injunctions; willful infringement and exceptional case findings; the award of enhanced damages and attorneys' fees; the award of interest and costs; limitations on damages recovery, including the §286 bar and marking; and special remedial provisions.

The cumulative supplement covers treatment and discussion of important recent cases, including:

  • Poly America, L.P. v. GSE Lining Technology, Inc. and lost profits;
  • Uniloc USA, Inc. v. Microsoft Corp. and reasonable royalties;
  • Bard Peripheral Vascular, Inc. v. W.L. Gore & Assocs., Inc. and In re Seagate Technology, LLC and enhanced damages and willful infringement;
  • Robert Bosch LLC v. Pylon Mfg. Co. and eBay, Inc. v. MercExchange and injunctive relief;
  • In re Seagate Technology and willfulness and exculpatory opinions of counsel
  • Quanta Computer, Inc. v. LG Elecs., Inc. and licensing; and many others.

It further enhances the analytical discussion of the applicable remedial theories introduced in the main volume, forecasts likely trends and provides a new glossary of terms commonly used in the discussions of patent infringement remedies. These considerations draw on Sung’s distillation of the insights and experiences of numerous patent practitioners and members of the judiciary.