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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]

Types of awards

Possible types of damages include:

  • 35 USC §284 (damages) [1]
  • 35 USC §285 (award of attorneys fees) [2]
  • Fed.R.Civ.P. 11 or 28 USC 1927

(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

External links

Media Queue v. Netflix

References