특허권 침해에 대한 손해배상액 산정에 있어서 기여도 적용의 대안으로서의 회귀분석 - 미국의 VLSI v. Intel 사건을 중심으로 -

In the VLSI v. Intel case in the United States, in calculating damages against patent infringement, the American court admitted a calculation method applying regression analysis. The regression analysis has been utilized in calculating damages in other non-patent cases. However, no precedent has been found in a patent case. In calculating damages against multi-component complex products, the necessity to apply apportionment ratio has been enhanced. However, up to present (2022), the jurisprudence to calculate apportionment ratio has not been settled, furthermore the definition of the apportionment ratio is not even clear. If regression analysis can be utilized as an alternative to apportionment ratio, we can circumvent the obscurity inherented in apportionment ratio. In addition, regression analysis could provide more precise damages calculation than apportionment ratio. This paper supposes a hypothetical case where Apple’s iPhone 12 mobile phones infringe 5G-related patent right. Applying regression analysis to the hypothetical case, this paper has found that application of 5G technology has enhanced iPhone 12’s price by 0.206%. Utilizing the number, actual damages could be calculated. As conclusion, this paper has confirmed that the regression analysis applied in the VLSI v. Intel case is not an exceptional precedent, but is a method which can be applied in various fact-scenarios.