Dave Duski is a panelist during the session titled “Patent Damages: What is Really at Stake?”
There are a variety of different types of damages that can be awarded to a successful patent owner who has demonstrated patent infringement after trial. These include a reasonable royalty, lost profits, enhanced damages and attorneys fees. Upon finding of infringement in favor of the patent owner the district court is statutorily mandated to award “damages adequate to compensate for the infringement but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest and costs as fixed by the court.” This reasonable royalty sets the floor for recovery. It is quite a bit more difficult to obtain lost profits, and even though the Supreme Court has in recent years said that district courts have broad discretion to award enhanced damages and attorneys fees, enhanced damages and attorneys fees remain rare. This panel will discuss what damages are realistically at stake today, and methods for calculating damages.
For more information on this event, click here.
