Patent Case Watch

Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

Weekly Digest

Damages

Damages in a patent case compensate for infringement and may be no less than a reasonable royalty for the use made of the invention. A patentee who practises the invention may instead seek lost profits, which requires proof that it would have made the sales but for the infringement. Reasonable royalty analysis is usually framed as a hypothetical negotiation between the parties at the time infringement began, informed by comparable licences and the economic value the patented feature contributes. Apportionment - separating the value of the claimed invention from the rest of a multi-component product - is a recurring dispute. The opinions here address damages theories, expert methodology, and post-trial challenges to awards.

455 opinions and orders, showing 1–200.