Application Research Of The Event Study Method In Patent Infringement Damages

Patent infringement damages refer to civil compensation paid by the infringer to the right holder in a patent infringement lawsuit,with the aim of restoring the patent right to its initial perfect state where it was not damaged by the infringement.However,due to the ambiguity of the relevant legal system and the lack of judicial practice,the vast majority of patent infringement damage cases lack a precise and operative method of calculating damages,resulting in the courts ultimately choosing to adopt statutory damages as the underwriting method.It is not uncommon for the final decision to fail to compensate the right holder for the actual loss and expenses incurred in defending the right.Recently,the number of patent infringement disputes in China has increased and the amount of money involved has gradually increased,and numerous cases have prompted the academic community to think about how to calculate patent infringement damages more accurately and compensate for the losses of right holders more effectively.In view of this,this article analyses and examines this issue and proposes the application of the event study method to the calculation of damages in patent infringement litigation.As a method of calculating the impact of an event,which has been successfully used for many years in both domestic and international and cross-disciplinary contexts,it measures the increase or decrease in value of a listed company as a result of a patent infringement event by examining the change in fair value of the company as a result of the patent infringement event.This provides a visual representation of the damage caused to the patentee by the patent infringement event,and provides a new way of thinking for the accurate enforcement of rights.As a new damage calculation method in the field of patent law,the application of the event study method aims to increase the cost of infringement by patent infringers through accurate damage calculations.A more complete damage calculation can compensate the patentee for the economic loss suffered as a result of infringement and show deterrence to potential patent violations in order to achieve the purpose of filling losses and restoring rights by infringement damages.The main contents of this article include an introduction to the background knowledge of the event study method,the basic steps of implementing the event study method,an examination of the legality of the findings of the event study method as evidence in court,as well as the key elements and specific applications of using the event study method in patent litigation,and a comparison between the way of calculating damages for patent infringement in the existing legal systems within and outside the region and the event study method,and the reflection of the event study method is tested for internal and external validity.