Damage Claims Surrounding Patent Infringement

Seeking Fair Compensation for Patent Violations

Rapidly coming to the forefront, laws surrounding patent damage claims have led to increasingly large jury awards for patent infringement in recent years – some reaching into eight and nine figure sums. In the United States, patent owners are protected against both direct and indirect patent infringement that includes the sale, use or manufacture of patented technology or the knowing inducement of another to infringe.

Title 35 of the United States Code clearly outlines how damages in patent infringement cases are to be awarded. Section 284 states that 'upon finding for the claimant the court shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest and costs as fixed by the court.' In essence this has led the courts to award damages that not only compensate a patent holder for loss of royalties, but also loss of profits, or a combination of the two. In certain circumstances, injunctive relief may be available to a patent holder such that a court can order the defendant to cease further sales of infringing products. It is of the highest importance to have an aggressive and experienced legal team on one"s side in order to maximize the potential recoverable damages due to patent infringement.

Patent Litigation Lawyer

Synergistic in its blend of the substantial talents and experience of four outstanding attorneys, ClearmanPrebeg LLP has demonstrated extensive success within the fields of commercial litigation and patent law. From matters of intellectual property to patent claim construction and breach of contract disputes, the firm"s clients are comprised of both domestic and international individuals and companies. Their attorneys are ultimately committed to the best interests and tenacious representation of each client they represent.

Contact a Patent Litigation Lawyer to obtain assistance with pursuing successful patent damage claims.