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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.<ref>http://www.pubpat.org/assets/files/ftisapresentation/RavicherFTISAPresentation.mp3 (time:14:05)</ref> | ||
+ | |||
+ | ==Types of awards== | ||
+ | Possible types of damages include: | ||
+ | * 35 USC §284 (damages) [http://www.law.cornell.edu/uscode/35/usc_sec_35_00000284----000-.html] | ||
+ | * 35 USC §285 (award of attorneys fees) [http://www.law.cornell.edu/uscode/35/usc_sec_35_00000285----000-.html] | ||
+ | * Fed.R.Civ.P. 11 or 28 USC 1927 | ||
+ | |||
+ | {{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 {{SITENAME}}== | ||
+ | |||
+ | * [[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== | ||
+ | * [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/2008/10/reasonable-bill.html Reasonable Billing Rates], 29 Oct 2008 | ||
+ | * [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/2011/01/uniloc-v-microsoft-the-25-percent-rule-of-thumb-is-no-more.html Uniloc v. Microsoft: The CAFC Rejects the 25 Percent Rule], 4 Jan 2011, '''Patently-O''' - ''regarding "reasonable royalties"'' | ||
+ | |||
+ | ===Media Queue v. Netflix=== | ||
+ | |||
+ | * [http://www.patentlyo.com/patent/2010/07/attorney-fees-and-equal-treatment-for-plaintiffs-and-defendants.html Attorney Fees and Equal Treatment for Plaintiffs and Defendants] | ||
+ | * [http://www.groklaw.net/article.php?story=20100710104409806 Netflix Tries to Fix One Part of the Patent System] | ||
+ | |||
+ | ==References== | ||
+ | {{reflist}} | ||
+ | |||
+ | |||
+ | {{footer}} | ||
+ | [[Category:USA]] | ||
+ | [[Category:Costs]] |
Revision as of 09:29, 11 February 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
- Reasonable Billing Rates, 29 Oct 2008
- 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