1. Patent Damages II Patent Law 4.20.04

2. United States Patent 4,373,847 Hipp, et al. February 15, 1983 Releasable locking device A releasable locking device is provided for securing a parked vehicle to an adjacent upright structure. The device includes a first means mounted on the upright structure and a second means mounted on the first means for vertical movement relative thereto between operative and inoperative mode positions. When in an operative mode, the second means is in a raised position and interlockingly engages a portion of the parked vehicle. A third means is provided which releasably retains the second means in an operative mode and prevents accidental movement of the second means from an operative mode position to a lower inoperative mode position. The first means includes guides for restricting movement of the second means to a substantially vertical path. Inventors: Hipp; Steven J. (Milwaukee, WI); Hahn; Norbert (Cudahy, WI) Assignee: Rite-Hite Corporation (Cudahy, WI) Appl. No.: 260340Filed: May 4, 1981

5. Proper Compensation PP. 1101 et seq: “Property rule” vs. “liability rule” –Injunction vs damages; K vs property Majority: Higher damages appropriate here; foreseeable harm to patentee’s market Dissent: No, good reasons for lower damages here: (1) Reward for commercialization, not “fallow” inventions; (2) Injury to property right, not market

8. Grain Processing 4 production processes; one (# 4) non- infringing “Practically instantaneous” transition from infringing process to noninfringing one –See why this is important? But Process 4 was not actually used...

9. Other damage theories Price erosion Market share rule Lost sales of related but unpatented products Post-expiration sales Not just lost sales, but lower price— because infringer provides price competition Larry Solum, USD Law School

10. Other damage theories Price erosion Market share rule Lost sales of related but unpatented products Post-expiration sales Relative market share of patentee relative to non- infringers would remain the same without the infringer.

11. Other damage theories Price erosion Market share rule Lost sales of related but unpatented products Post-expiration sales Components and other related products which are normally sold with the patented product.

12. Other damage theories Price erosion Market share rule Lost sales of related but unpatented products Post-expiration sales Head-start theory. Competitor cannot enter market immediately post- expiration.