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Calculating damages and legal fees in the USA
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
See also another case: Microsoft v. AT&T (2006, USA).
Related pages on en.swpat.org
- 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
- 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
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