566. Measure of damages.

Infringement of a patent is a statutory tort and accordingly damages recoverable are assessed in the same way as most other torts, following the elementary rules that the victim should be restored to the position he would have been in if no wrong had been done, and that the victim can recover loss which was foreseeable, caused by the wrong and not excluded from being recovered by public or social policy1.

Where the claimant is a manufacturer, the ordinary measure of damages is prima facie the loss of the profit the claimant would have suffered had his sales not been