ADDING LINKS IS TEMPORARILY BLOCKED - if you want to add a link, just put a space in it so that it doesn't work. The admin will then fix the link for you very quickly. This will be fixed as soon as I have the new spam blocking system in place.

SitemapCountriesWhy abolish?Law proposalsStudiesCase lawPatent office case lawLawsuits

Calculating damages and legal fees in the USA

Revision as of 22:45, 22 August 2011 by Ciaran (Talk | contribs)

Jump to: navigation, search

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]


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)

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

External links

Media Queue v. Netflix


  1. (time:14:05)

This wiki is part of the End Software Patents (ESP) campaign (donate). For more information, see:
>> (Main ESP website) <<
>> (News) <<

This wiki is publicly editable. (See: It's a pool of information, not a statement of ESP's views or policies, so no permission is required. Add your knowledge! (See: Help:How to make a good contribution)