“Lost Profits And Reasonable Royalties: Two Distinct Remedies for Two Separate Harms,” a Berkeley Technology Law Journal (BTLJ) article by Professor Robert P. Merges, was chosen as one of the best intellectual property papers of 2025 and will be included in the next edition of the Intellectual Property Law Review, published annually by Thomson Reuters.
Merges argues in the piece that the two types of damages described in the Patent Act — harm to product markets and lost licensing opportunity — describe distinct types of harm caused by patent infringement and come with a discrete cluster of remedies.
Merges also recently traveled to Taiwan, where he gave two lectures and reconnected with former students. He discussed the BTLJ article at National Tsinghua University Law School in Hsinchu, where Gi-Kuen Jacob Li LL.M. ’13 J.S.D. ’16 is now a law professor.
The second talk, on “Human Creativity in the AI Age,” was at National Chengchi University, where Chien-Chih (Jesse) Lu J.S.D. ’19 is a law professor.