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Cotter, Thomas F.; Golden, John M. --- "Remedies" [2019] ELECD 1975; in Depoorter, Ben; Menell, Peter; Schwartz, David (eds), "Research Handbook on the Economics of Intellectual Property Law" (Edward Elgar Publishing, 2019) 390

Book Title: Research Handbook on the Economics of Intellectual Property Law

Editor(s): Depoorter, Ben; Menell, Peter; Schwartz, David

Publisher: Edward Elgar Publishing

Section: Chapter 17

Section Title: Remedies

Author(s): Cotter, Thomas F.; Golden, John M.

Number of pages: 32

Abstract/Description:

This chapter surveys the empirical literature on patent remedies. Section 2 discusses the literature on injunctions, beginning with an overview of legal doctrine and economic debates over “property rules” versus “liability rules,” and concluding with a summary of empirical studies that examine the frequency and circumstances of injunction grants or the nature of injunctions’ content and scope. Section 3 discusses the literature on patent damages, beginning with an overview of the law and economics of damages before proceeding to a review of the empirical literature on the prevalence of different types of damages, damages amounts, and possible explanations for damages outcomes. Section 4 briefly discusses other remedies, including declaratory judgments, for which there appears to be little relevant empirical literature. The conclusion suggests possible avenues for future research