A patentee is entitled to damages that are "adequate to compensate for the infringement." This statutory mandate provides a two-part analysis: first, assessing what constitutes infringement.
By knowing the current law on damages determinations in patent infringement cases, lawyers can maximize the likelihood that patent-holder clients’ damages awards will not be reduced on appeal.
By knowing the current law on damages determinations in patent infringement cases, lawyers can maximize the likelihood that patent-holder clients’ damages awards will not be reduced on appeal.
Zachary Silbersher is a patent attorney located in New York City. He is a founding member of the patent law firm, Kroub Silbersher & Kolmykov PLLC as well as the patent-consultancy at Markman Advisors LLC.
In patent litigation, the adequacy of proof of apportionment in reasonable royalty damage claims is often a challenging issue that is hotly contested by the parties. The Federal Circuit.