Still Looking for Lost Profits: The Case of Horizontal Competition
Author(s): Suzanne Scotchmer
Abstract: When infringement of a patent dissipates profit relative to the licensing agreement that would otherwise occur, damages under the lost-profit rule deter infringement, and otherwise not. We develop this point in a general model and give two examples. However, joint profit might not be dissipated by infringement. An important example is where there are restrictions on licensing that arise from competition policy.
Keywords: lost profits, damages, intellectual property, antitrust policy, patent litigation