What are the damages for patent infringement?

There are numerous ways that damages are awarded in cases where patent infringement has been successfully proven. The following is an example of possible remedies when deciding the winning patent owner’s entitlements: lost profits, reasonable royalty, enhanced damages, prejudgment interest, post-judgment interest, and attorney fees. Out of those listed, prejudgment interest is almost always granted in infringement cases, while attorney fees are rarely awarded. To obtain any enhanced damages, the winning patent owner must have successfully proven that willful infringement did occur, showing the infringer acted in utter disregard towards the patentee’s patent rights. The maximum enhanced damages that can be awarded are treble damages, meaning three times more than the normal amount.

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The content of this article is not intended to be, and does not constitute, legal advice and does not create attorney-client privilege. Consult the attorney of your choice before embarking on any legal matter or any document preparation/filing.

Dr. Thomas R. (Terry) Williamson III is a Patent Attorney practicing in Atlanta, Georgia.

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