Silicon Valley Business School

Contents of SVBS Course: Remedies

Injunctions often block the sale of products in an entire market. Patent licensing, trademark and copyright disputes are just some examples of areas where business leaders find themselves involved in lawsuits. An understanding of the various remedies available from courts is essential for business executives and anyone involved in a legal dispute. In this module, the student learns the various remedies that can be awarded by the U.S. courts. Legal and equitable remedies are explained. Remedies covered include compensatory damages, punitive damages, injunctions, restraining orders and restitution for unjust enrichment. The materials provide common defenses available in law and equity.

Learning Objectives and Outcomes

Upon completion of this course you will be able to:

Appreciate how the U.S. courts are able to award a variety of remedies including damages (money), injunctions, declaratory judgments, and restitution.
Understand the powers of the judge and courts in the US to sanction individuals for contempt.
Estimate damages that could be awarded by a court.
Determine the situations where an injunction could be issued by a court.
List the defenses that could be mounted against an injunction or equitable remedy.

Course Sections

The course is organized into the following sections:

Remedies: Remedies Available from U.S. Courts
Remedies: Injunctions
Remedies: Damages
Remedies: Declaratory Judgments
Remedies: Restitution & Other Remedies
Remedies: Patents & International Trade Commission
Remedies: Contempt
Remedies: Equity Defenses
Remedies: Remedies for Certain Actions

Remedies: Remedies Available from U.S. Courts
  • Video ~ Remedies--Introduction
  • Video ~ Remedies--Courts of Law & Equity
  • Reading ~ Remedy
  • The law of remedies is concerned with the character and extent of relief to which an individual who has brought a legal action is entitled once the appropriate court procedure has been followed, and the individual has established that he or she has a substantive right that has been infringed by the defendant.

  • Handout ~ Remedies ~ Introduction
  • PDF slides for the learning material titled: "Video ~ Remedies--Introduction".

  • Handout ~ Remedies--Courts of Law & Equity
  • PDF slides for the learning material titled: "Video ~ Remedies--Courts of Law & Equity".

    Remedies: Injunctions
  • Video ~ Remedies--Injunctions
  • Video ~ Patent Injunctions in the US
  • Video ~ Various Forms of Injunction
  • Video ~ Injunctions in I.P. Litigation
  • Video ~ Preliminary Injunctions & Temporary Restraining Orders
  • Handout ~ Remedies ~ Injunctions
  • PDF slides for the learning material titled: "Video ~ Remedies--Injunctions".

  • Reading ~ Injunctions
  • An Injunction is a court order by which an individual is required to perform, or is restrained from performing, a particular act.

  • Reading & Video ~ TRO Used to Block Exhibitor at US Trade Show
  • Hoverboard case.

  • Audio & Reading ~ eBay v. MercExchange Case
  • Reading ~ Effects of the eBay v. Mercexchange Case
  • The article describes the impact of US court decision eBay vs. MercExchange on patent injunctions, seen from a European perspective. It deals with European equivalents of injunctive relief.

    Remedies: Damages
  • Video ~ Remedies--Damages
  • Video ~ The Calculation of Patent Damages
  • Video ~ Notice Means Willful Infringement Means Triple Damages
  • Video ~ Patent Infringement Damages
  • Video provides an overview of how damages are calculated for patent infringement in the United States.

  • Handout ~ Remedies ~ Damages
  • PDF slides for the learning material titled: "Video ~ Remedies--Damages".

  • Reading ~ Damages
  • “Damages” are monetary compensation that is awarded by a court in a civil action to an individual who has been injured through the wrongful conduct of another party.

  • Page ~ Billion Dollar Damage Awards
  • US chipmaker Marvell Technology faces having to pay one of the biggest ever patent damage awards.

  • Page ~ Marvell Pre-Trial Damages Discussion
  • Page ~ Apple v. Smartflash Damages
  • District Court excludes Damage theory based on Survey responses that were insufficient to show that the patented feature alone motivated survey respondents to purchase the accused devices.

  • Reading ~ No “Apportionment” Requirement for Design Patent Damages - Apple v. Samsung
  • Remedies: Declaratory Judgments
  • Video ~ Declaratory-Judgements
  • Video ~ Remedies ~ Declaratory Judgments
  • Reading ~ Declaratory Judgment
  • A “Declaratory Judgment” is a statutory remedy for the determination of a justiciable controversy where the plaintiff is in doubt as to his or her legal rights.

    Remedies: Restitution & Other Remedies
  • Video ~ Remedies--Restitution
  • Handout ~ Remedies ~ Restitution
  • PDF slides for the learning material titled: "Video ~ Remedies--Restitution".

  • Reading ~ Restitution
  • The general term "restitution" describes the act of restoration. This article explains the meaning of "restitution" with regard to "Contract law", "Criminal law" and "Tort law".

  • Reading ~ Quantum Meruit
  • In the law of contracts, Quantum Meruit is a doctrine by which the law infers a promise to pay a reasonable amount for labor and materials furnished, even in the absence of a specific legally enforceable agreement between the parties.

    Remedies: Patents & International Trade Commission
  • Video ~ Blocking Import at the ITC
  • Reading ~ International Trade Commission Remedies And Relief
  • The International Trade Commission has become an increasingly popular destination for companies to enforce their patent rights under Section 337 of the Tariff Act of 1930. Section 337 affords relief to owners of U.S. intellectual property rights, especially patents, from unfairly competing imports.

    Remedies: Contempt
  • Video ~ Remedies--Contempt
  • Handout ~ Remedies ~ Contempt
  • PDF slides for the learning material titled: "Video ~ Remedies--Contempt".

  • Reading ~ Contempt
  • Reading ~ Contempt
  • Reading ~ Civil Contempt of Court
  • Civil contempt of court refers to behavior which disobeys the authority of a court in a civil proceeding.

    Remedies: Equity Defenses
  • Video ~ Remedies ~ Equity Defenses
  • Handout ~ Remedies ~ Equity Defenses
  • PDF slides for the learning material titled: "Video ~ Remedies ~ Equity Defenses".

  • Reading ~ Unclean Hands
  • The “Unclean Hands” doctrine is a defense to a complaint, which states that a party who is asking for a judgment cannot have the help of the court if he/she has done anything unethical in relation to the subject of the lawsuit.

  • Reading ~ Laches
  • "Laches" is a defense to an equitable action, that bars recovery by the plaintiff because of the plaintiff's undue delay in seeking relief.

  • Reading ~ Estoppel
  • Estoppel is a legal principle that bars a party from denying or alleging a certain fact owing to that party's previous conduct, allegation, or denial.

    Remedies: Remedies for Certain Actions
  • Video ~ Remedies for Quasi-and Implied Contracts
  • Video ~ Remedies for Loss of Consortium
  • Video ~ Remedies for Survival & Wrongful Death Actions
  • Video ~ Remedies for Conversion and Trespass of Private Property Actions
  • Video ~ Remedies for Trespass of Real Property Actions
  • Video ~ Remedies for Negligence Actions
  • Video ~ Remedies for Nuisance Actions
  • Video ~ Presumed Damages
  • Video ~ Remedies for Replevin Actions
  • Video ~ Patent Remedies ~ Injunctions
  • Video covers injunctive relief in patent law, including preliminary injunctions.

  • Video ~ Patent Remedies 2 ~ Damages
  • Video covers patent damages, willful infringement, and attorney's fees.

  • Reading ~ Remedies for Patent Infringement
  • For a US patent, a patent owner is entitled to damages calculated as either a reasonable royalty or lost profits resulting from infringement.

  • Reading ~ Copyright Infringement Remedies
  • Reading ~ Trademark Infringement Remedies
  • Handout ~ Remedies ~ Certain Actions
  • Certificate Course
    This certificate tracks your progress and tests you in each section. Once you have passed all the quizzes, submitted an assignment and reviewed all the materials, you will be awarded a certificate of completion.