Patent Infringement Damages

This chapter explains how compensation to the patentee for infringement of any patent can take the form of lost profits or reasonable royalty damages. Compensation for infringement of a design patent can also include damages for unjust enrichment. It discusses the lost profit damages and additional Remedy for Infringement of design patent, explaining how the patent's term affects damages. The practitioner should be familiar with the causal link between the infringement and the harm being measured. One cannot assume that the infringement automatically led to the patentee's lower sales and profits. The plaintiff generally demonstrates demand for the patented product by showing significant sales of the infringing product. A product need not duplicate another for users to consider it a suitable substitute. It need only resemble the product enough that consumers would purchase it in place of another product.