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Calculating damages and legal fees in the USA
This article is a start at documenting how awards/damages are calculated in the USA. The general principal is that the infringer will have to pay either a "reasonable royalty" or the lost profits.[1]
Contents
Types of awards
Possible types of damages include:
Can you help? need some case law for the above laws
Damages in the USA for foreign infringements
A blog about the Alcatel-Lucent v. Microsoft (2008, USA) case mentioned that "According to reports, about half of the damage award is based on foreign sales under US patent law section 271(f)."[2]
See also another case: Microsoft v. AT&T (2006, USA).
Related pages on ESP Wiki
- The Patent Reform Act - which may reduce the amount of damages available
- 2008 State of Software Patents - a study of the total cost of litigation in the USA
- Wilful infringement - can lead to a large increase in the award
- Costs of the patent system to governments
- Cost of getting patents
- Costs are astronomically disproportionate for SMEs and individuals
- Court cases and litigation - here you'll find articles which may mention how much damages were paid in various cases
- Costs
External links
- Federal Circuit Affirms High Standard for Attorney Fees under 35 U.S.C. 285, 14 Aug 2009, Patently-O
- Reasonable Billing Rates, 29 Oct 2008, Patently-O
- PriceWaterhouseCoopers: 2009-patent-litigation-study.pdf - contains lists of statistics of damages awarded in the USA (see also: 2009 patent litigation study)
- Federal Circuit Again Demands More Substance from Damages Experts, Feb 2010, Patently-O
- Uniloc v. Microsoft: The CAFC Rejects the 25 Percent Rule, 4 Jan 2011, Patently-O - regarding "reasonable royalties"
- Judge Posner: No Damages Despite Infringement, 12 June 2012, Patently-O
- The most important Apple-Samsung decision left for Judge Koh: running royalties, not past damages, 19 Dec 2012, 'Florian Mueller
Media Queue v. Netflix
- Attorney Fees and Equal Treatment for Plaintiffs and Defendants
- Netflix Tries to Fix One Part of the Patent System
