les Nouvelles - September 2006

PricewaterhouseCoopers Patent and Trademark Damages Study 2005

Aron Levko

Partner, PricewaterhouseCoopers LLP, Chicago, USA

Vincent Torres

Manager, Advisory Services Group, PricewaterhouseCoopers LLP, Chicago, USA

Intellectual property litigation continues without relent. In light of global competition shorter product life cycles and easier access to information patents and trademarks are now among the few remaining barriers of entry to companies seeking to differentiate a product in order to secure a niche in the market. Protecting these intellectual properties (IP) which also include copyrights trade secrets technical know how and proprietary data often involves a life and death struggle to gain competitive advantage that can at times determine the survival of a business. The spoils of that struggle damages seek to deter others from trespassing on sacred ground. While an injunction may be more valuable than damages in a particular case it is the damages that often form the tip of the sword for enforcement.

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