Jul 20, 2017 · 1 min read
35 U.S.C. § 284 governs patent damages.
“Upon finding for the claimant [patent holder] the court shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest and costs as fixed by the court.”
Courts parsed § 284 into two categories: lost profits and reasonable royalties. Would you like to stand in front of a jury and argue that their patent(s), which are otherwise given away completely royalty free, is now entitled to substantial compensation because of a revoked patent grant?
Me neither.
