Q&As

What are the key issues relating to damages in patent cases?

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Published on LexisPSL on 04/12/2013

The following IP Q&A provides comprehensive and up to date legal information covering:

  • What are the key issues relating to damages in patent cases?
  • Main concept
  • Key case on this topic
  • Most recent case touching this topic in any detail
  • Key legislative provisions

Main concept

As with all civil damages, the idea is to compensate the wronged person, not to punish the person who did the wrong. The objective is to place the patent owner back in the position it would have occupied if the infringement had not happened.

Damages are available to compensate for several different types of loss. This can include:

  1. profits the patent owner lost if it has missed out on sales due to the infringer making the sales instead

  2. lost profits on the sales the patent owner has made, if the infringer's market presence means the patent owner had to decrease its prices

  3. where infringer has sold goods but the patent owner would never have made those sales anyway, patent

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