미국 특허법상 특허권 침해와 특허권자 손해의 인과관계에 따른 손해배상액의 합리적 산정 법리와 그 시사점

Whether or not a causation between patent infringement and damage can be recognized under the Patent Act is a central issue in calculating the amount of damages due to patent infringement. This issue has a unique characteristic in that it is a very theoretical matter and at the same time it can practically determine the size of monetary damages. The US tort law, in which the damage compensation for patent infringement is based, divides causation into cause in fact and proximate cause and has developed hefty legal theories in each area. This causation theory has also been accepted in the development of the patent law, and has had a practical impact on various aspects such as whether or not to recognize damages for products that are related to patented products and complementary goods, calculating the amount of damages for complex products that include patented technology, and determining the scope of damages when non-infringing alternative technologies exist in the relevant market. This study examined case law and academic theories related to the causation between patent infringement and damages in the US and examined the implications and applicability in Korea. As a result, I concluded that although the ‘apportionment theory’ is the majority theory in our country, but the process leading to this result should be discussed more precisely and that the possibility of utilizing noninfringing alternative technologies in assessing damages needs to be seriously reviewed.