arbiter
JournalsPricingAccount

The assessment of damages in patent infringement: General Tire and a history of uncertainty

Phillip Johnson

Queen Mary Journal of Intellectual Property2025https://doi.org/10.4337/qmjip.2025.04.05article
ABDC B
Weight
0.50

What the paper says

A court undertaking an assessment of damages has been a rare thing across most of the history of patent law. The House of Lords decision in General Tire & Rubber Company and Firestone Tyre and Rubber Company [1976] RPC 197 looked like it would provide some certainty. But as an exploration of the archive materials surrounding the Patents Bill shows, contemporaries took an entirely different view of the decision. A historical analysis shows not only the importance of the case but also the confusion it caused and how the proposed remedy of a statutory damages rule might have been worse than the cure.

Open paper page →

Cite this paper

https://doi.org/https://doi.org/10.4337/qmjip.2025.04.05

Or copy a formatted citation

@article{phillip2025,
  title        = {{The assessment of damages in patent infringement: General Tire and a history of uncertainty}},
  author       = {Phillip Johnson},
  journal      = {Queen Mary Journal of Intellectual Property},
  year         = {2025},
  doi          = {https://doi.org/https://doi.org/10.4337/qmjip.2025.04.05},
}

Paste directly into BibTeX, Zotero, or your reference manager.

Flag this paper

The assessment of damages in patent infringement: General Tire and a history of uncertainty

Flags are reviewed by the Arbiter methodology team within 5 business days.

Evidence weight

0.50

Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40

F · citation impact0.50 × 0.4 = 0.20
M · momentum0.50 × 0.15 = 0.07
V · venue signal0.50 × 0.05 = 0.03
R · text relevance †0.50 × 0.4 = 0.20

† Text relevance is estimated at 0.50 on the detail page — for your query’s actual relevance score, open this paper from a search result.