Comments on Patent Remedies and Complex Products — A U.S. Litigation Perspective

Abstract

The book Patent Remedies and Complex Products: Toward a Global Consensus presents a laudable effort to examine the underpinnings of patent remedies and how these remedies should be applied in our world of ever more advanced multi-component products. This Comment provides some reactions to and amplifications of the valuable contributions of the book from the perspective of U.S. patent and antitrust litigation. More specifically, this Comment focuses on several critical aspects of the calculation of reasonable royalties and injunctive relief, particularly as to standard-essential patents (SEPs), including issues surrounding the notion of incremental value in the context of patent infringement damages and patent license royalties, portfolio licensing, holdup, royalty stacking, and holdout.