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Article: Recent Developments In Estimation Of Patent Infringement Damages.
- Article from:
- Mondaq Business Briefing
- Article date:
- October 10, 2008
CopyrightCOPYRIGHT 2008 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Originally published in IPExperts.com, December 2007.
The 35 USC s. 284 statute clearly defines the compensatory nature of patent damages and outlines one form of relief commonly seen in patent infringement damages estimation – reasonable royalty. The other form of patent infringement damage remedy is lost profits.
Reasonable royalty is often estimated using the framework of a hypothetical negotiation between a willing buyer and a willing seller, engaged in an arms length transaction.1 An economic damages expert relies upon Georgia-Pacific factors and other case-specific factors to determine the bargaining power of each side as they come to the ...