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Difference between revisions of "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. | + | 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.<ref>http://www.pubpat.org/assets/files/ftisapresentation/RavicherFTISAPresentation.mp3 (time:14:05)</ref> |
==Types of awards== | ==Types of awards== | ||
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==Damages in the USA for foreign infringements== | ==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).''" | + | 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).''"<ref>http://ipgeek.blogspot.com/2007/02/you-thought-paying-sisvel-ended-your.html</ref> |
− | See also another case: [[Microsoft v. AT&T (2006, USA)]]. | + | See also another case: [[Microsoft v. AT&T (2006, USA)]]. |
==Related pages on {{SITENAME}}== | ==Related pages on {{SITENAME}}== |
Revision as of 00:30, 24 November 2010
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.<ref>http://www.pubpat.org/assets/files/ftisapresentation/RavicherFTISAPresentation.mp3 (time:14:05)</ref>
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)."<ref>http://ipgeek.blogspot.com/2007/02/you-thought-paying-sisvel-ended-your.html</ref>
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
- 2009-08-14: Federal Circuit Affirms High Standard for Attorney Fees under 35 U.S.C. 285
- 2008-10-29: Reasonable Billing Rates
- 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, Patently-o, February 2010
Media Queue v. Netflix
- Attorney Fees and Equal Treatment for Plaintiffs and Defendants
- Netflix Tries to Fix One Part of the Patent System