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Difference between revisions of "Calculating damages and legal fees in the USA"
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==External links== | ==External links== | ||
− | * [http://www.patentlyo.com/patent/2009/08/untitled-1.html Federal Circuit Affirms High Standard for Attorney Fees under 35 U.S.C. 285], 14 Aug 2009 | + | * [http://www.patentlyo.com/patent/2009/08/untitled-1.html Federal Circuit Affirms High Standard for Attorney Fees under 35 U.S.C. 285], 14 Aug 2009, '''Patently-O''' |
− | * [http://www.patentlyo.com/patent/2008/10/reasonable-bill.html Reasonable Billing Rates], 29 Oct 2008 | + | * [http://www.patentlyo.com/patent/2008/10/reasonable-bill.html Reasonable Billing Rates], 29 Oct 2008, '''Patently-O''' |
* [http://www.pwc.com/us/en/forensic-services/publications/assets/2009-patent-litigation-study.pdf PriceWaterhouseCoopers: 2009-patent-litigation-study.pdf] - contains lists of statistics of damages awarded in the USA (see also: [[2009 patent litigation study]]) | * [http://www.pwc.com/us/en/forensic-services/publications/assets/2009-patent-litigation-study.pdf PriceWaterhouseCoopers: 2009-patent-litigation-study.pdf] - contains lists of statistics of damages awarded in the USA (see also: [[2009 patent litigation study]]) | ||
* [http://www.patentlyo.com/patent/2010/02/damages-federal-circuit-again-demands-more-substance-from-damages-experts.html Federal Circuit Again Demands More Substance from Damages Experts], Feb 2010, '''Patently-O''' | * [http://www.patentlyo.com/patent/2010/02/damages-federal-circuit-again-demands-more-substance-from-damages-experts.html Federal Circuit Again Demands More Substance from Damages Experts], Feb 2010, '''Patently-O''' |
Revision as of 22:45, 22 August 2011
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"
Media Queue v. Netflix
- Attorney Fees and Equal Treatment for Plaintiffs and Defendants
- Netflix Tries to Fix One Part of the Patent System