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Calculating damages and legal fees in the USA

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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

[edit] 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)

[edit] 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).

[edit] Related pages on en.swpat.org

[edit] External links

[edit] Media Queue v. Netflix

[edit] References

  1. http://www.pubpat.org/assets/files/ftisapresentation/RavicherFTISAPresentation.mp3 (time:14:05)
  2. http://ipgeek.blogspot.com/2007/02/you-thought-paying-sisvel-ended-your.html


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