Construction of Methods to Determine Amount of Damages in Patent Infringement Actions

• Main Authors: Chen, Chun-Hsien, 陳群顯
• Other Authors: Liu, Shang-Jyh
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/79343379503083363312

博士 === 國立交通大學 === 科技管理研究所 === 100 === The legal regulations of damages calculation are too abstract to be applied in practical cases and thus, the damages awarded in judicial trial under current civil law system facesdissertation the problem of uncertainty. Although both parties and the court apply the same legal regulations, the respectively desired damages awards are quite different. The uncertainty of damages award will initiate unnecessary patent litigations. One party will pursue endless patent litigation by chance if there is a hope to obtain favorable judgment. Therefore, the ultimate purpose to promote research & development and competition among industries proposed in the Patent Law is difficult to be achieved. This dissertation focuses on the construction of methods to determine amount of damages in patent infringement actions. From the perspective of promoting the research & development and competition among industries, this dissertation first examines the practical problems of why there is huge gap between the expected value of the parties and the damages award from the court judgment, and then, points out the real questions that the court, the plaintiff and the defendant faced when applying the legal regulations stipulated in the Patent Law concerning the calculation of the damages. This dissertation classifies and generalizes the questions with respect to the calculation of damages in patent infringement actions through empirical studies on patent litigation in Taiwan courts and then provides explanations to deal with these questions. This dissertation further proposes feasible solutions to apply current regulations to reasonably calculate damages under the current system of Patent Law in Taiwan so as to resolve questions occurred in court practices. Another purpose of this dissertation is to provide useful guidelines for judges’ reference when determining damages and thus promote the predictability of court judgments and achieve the goal of consistency of court judgments.