Dave Kappos Authors Article Examining Patent Infringement for Law360
February 07, 2023
Cravath partner David J. Kappos and USC Gould School of Law Professor Jonathan Barnett co‑authored an article entitled “Enhanced Damages Necessary In No‑Injunction Patent System,” which was published to the website of Law360 on February 2, 2023. The authors explore the U.S. Supreme Court’s 2006 decision in eBay, Inc. v. MercExchange, LLC, which they conclude created an environment of “efficient” patent infringement, in which litigating is more cost‑effective for infringers than paying royalties at the outset. They propose expanding the use of enhanced infringement damages to disincentivize infringement and restore balance at the license negotiating table.
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J.D., 1990, University of California, Berkeley, School of Law
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B.S., 1983, University of California, Davissumma cum laude
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- District of Columbia
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