Distinguishing Lost Profits from Reasonable Royalties

Intellectual Property and Patents

Article Snapshot


Mark Lemley


William & Mary Law Review, Vol. 51, No. 2, pp.655-674, 2009


This paper asks how courts should measure the damages awarded to a patent owner in an infringement case.

Policy Relevance

Courts should award lost profits, not just “reasonably royalties” to a patent owner that competes with an infringer, and should not make it too hard for these owners to prove their case.

Main Points

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