Zoe Bollinger
Nov 25, 2014

Lost Royalties Offer a Third Path to Recover Patent Damages

Courts and litigants often assume there are two basic forms of damages available under patent laws: lost profits or a reasonable royalty. But the U.S. Court of Appeals for the Federal Circuit has made clear plaintiffs are not limited to these narrow categories and can recover damages on entirely different theories.

 

Lost Royalties Offer a Third Path to Recover Patent Damages | The Recorder
This often overlooked remedy blends elements of reasonable royalty and lost profits in cases where licensees lost sales due to infringement.