The Research Of Determination Of Patent Infringement Damage Compensation Amount

Case Apple, Inc., v. Samsung Elecs. Co. which is bought into sharp focus by the world, not only helps the public re-examine the value of the patents of a corporation, but also leads reflection on methods to determine the amount of compensation damages for patent infringement.This dissertation concluded five determination methods, they are, loss profit, infringer’s profit,license fee, discrete damage and liquidated damage. The first three are of specific calculation methods. On discussion within the above methods, this dissertation explored U.S. compensation damages system for patent infringement from perspective of Apple, Inc., v. Samsung Elecs. Co.,and analyzed the calculation methods that the Jury and the court applied to determine the amount of damages in this case, as well as had a comparative analysis and raised current problems under domestic related legislation and judicial practice. Furthermore, this dissertation cleared up differences and applicable conditions among those determination methods by exploring their selection and their order in application. In the end, in pursuant to the corrective justice, this dissertation discussed justification on the reference from U.S. legislation and judicial practice,and put forward concrete suggestions to improve domestic regulations.