Intellectual Property Remedies

This course covers the law of remedies for the infringement of intellectual property (IP) rights. Specific topics will include permanent and preliminary injunctions; compensatory damages, including lost profits; reasonable royalties; FRAND royalties for the use of standard-essential patents; extraterritorial damages; ongoing royalties in lieu of injunctive relief; awards of the infringer’s profits; fee awards; enhanced (punitive) damages; and statutory damages (e.g., for the infringement of U.S. copyright rights).  The course also may address remedies, including declaratory judgments, that sometimes are available to accused infringers.  Although the course principally focuses on domestic (US) law, students also will learn how other major jurisdictions for IP litigation address similar issues—a topic of increasing importance, especially for patent litigators.