Seeking Damages For Patent Infringement
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FAQ
Under the theory of willful infringement, a court may increase ?damages up to three times the amount found or assessed,? after finding a defendant to have willfully infringed.
A patent owner can file a civil lawsuit to recover damages for past infringement and obtain injunctions against further infringing activities. Proving patent infringement in court requires a plaintiff to prove two broad elements: ownership and validity of the patent, and infringement of the patent by the defendant.
There are many types of patent infringements, and the most common one is selling a patented product without authorization (see 35 U.S. Code § 271 for more details). For example, if a company sells a product on Amazon without authorization from the patent owner, the company may be an infringer.
This process is highly evidence-based, and experts will often be brought in to testify. The court will typically calculate the license of a single item's fair market value and then multiply that calculation by how many items the defendant infringed (e.g. Cost of invention license: $100 x 500 units sold = $50,000).
BASICS: ?To collect lost profits [from lost sales], a 'patentee must show 'a reasonable probability that 'but for' the infringing activity, the patentee would have made the infringer's sales. ' This is done by determining what profits the patentee would have made absent the infringing product.