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Recent Posts in Patent Damages Category

  • Trademark and Patent Damages Update

    Supreme Court to Consider Willfulness in Trademark Damage Awards On June 28, 2019, the Supreme Court granted certiorari in a trademark dispute between Romag Fastener and Fossil to decide whether an award of an infringer’s profits requires a trademark owner to provide evidence the infringer acted willfully, a matter that has split the Federal Circuit. Romag, a manufacturer of magnetic fasteners for ...
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  • Methodologies For Determining Patent Damages

    Title 35, Section 284 of the United States Code, often referred to as the patent statute, states that patent infringement damages should be in an amount adequate to compensate the patent holder for the defendant’s infringement of the patent-at-issue, but in no event less than a reasonable royalty for the use of the invention. Upon finding for the claimant the court shall award the claimant damages ...
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