According to 35 U.S.C § 284, any patentee who has had their patent violated or infringed will be eligible to receive “damages adequate to compensate for the infringement, but in no event less than a reasonable royalty”. This is the minimum damages that they will be eligible to receive.
However, if you or someone you know happens to have had your patent infringed, then this is not all that you can receive as damages. In fact, you can also claim lost profits by filing a civil lawsuit against the liable party or party’s by listing them as defendants in the lawsuit.
In order to extrapolate and establish how much the lost profits were in monetary terms, a legal representative or legal professional specializing in US patent laws will be able to show that there is a reasonable probability that if it was not for the infringement, the patent owner would have made profits on sales which instead the infringer or the defendants made.
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What are the factors which need to be addressed while seeking royalty damages?
When it comes to a patent infringement cases, your legal representative is going to have to consider multiple factors while proving your reasonable royalty damages are what you claim and how much you claim. Some of these factors are:
- How much royalties has the patentee received in order for licensing of the patent specified in the lawsuit and does this prove or tend to establish the royalty.
- What sort of rates was paid by the license itself for the use of other patents which could be subjectively and objectively comparable to the patent in question in the lawsuit?
- Was the license exclusive or non-exclusive? Was it restricted to a certain geographic area or was it in effect throughout the country? Was there any further restriction with regards to the target consumers of the product of invention?
- What sort of policies the patentee had adopted in terms of marketing. Had the patentee made provisions to ensure that his patent monopoly will be maintained by not licensing others to use the invention?
- The working relationship between the patentee and the licensee: were they competitors in the same industry? Were they inventor and promoter?
- What are the consequences or effects of actually selling the product in promoting sales of other products of the licensee?
- The expiration of the patent―is it valid currently? When does it expire?
- The commercial success and the profitability factor of the product which is patented.
Call a legal pro today
If you believe you are a victim of patent infringement, then our team of Alaskan patent lawyers will most certainly be able to help you. There is more than one way to reach them. You can use the interactive map above to find the legal help you need. With this interactive map of Alaska, you can choose your county and be presented with the best practicing lawyers and their specialties in your proximity.
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