This article deals with the major valuation approaches
for determining damages due to patent infringement, and the conditions that must
exist in order to apply those approaches. Various court cases are cited that
apply to valuing patent damages as well as economic principles that must be
addressed by the analyst. A firm injured because of an infringement of its
patent, should determine whether lost profits or reasonable royalty damage
approaches are appropriate for it. At the minimum the firm will receive what the
court determines is a reasonable royalty on the sales it lost to the defendant
firm, but where possible, the plaintiff will want to satisfy the lost profits
damage requirements.
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