QUESTION

Can a patent infringer be made to pay for destroying the patent holder’s livelihood?

Asked on Mar 06th, 2013 on Patents - Massachusetts
More details to this question:
Can a patent infringe be made to pay for destroying the patent holders' livelihood with his tactics?
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2 ANSWERS

Licensing Attorney serving Portland, OR at Mark S. Hubert PC
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If by destroying his livelihood you mean by selling the infringing goods at a reduced price or by better marketing etc - not exactly. There would however be an action in infringement for his lost profits (which can be increased by 3 times for willful infringement) or at least for a reasonable royalty. Incidentally if you are sued for patent infringement it is a federal court case that you could expect to pay a minimum of $500,000 to defend you against.
Answered on Mar 07th, 2013 at 3:56 AM

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Appellate Litigation Attorney serving Boston, MA at Banner & Witcoff, Ltd.
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Generally - NO. Patent damage awards are determined by the court (or the jury) in an infringement trial, based on the Patent Statute - 35 USC 284: Section 284: Upon finding for the claimant [patent owner] 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. When the damages are not found by a jury, the court shall assess them. In either event the court may increase the damages up to three times the amount found or assessed. The court may receive expert testimony as an aid to the determination of damages or of what royalty would be reasonable under the circumstances.
Answered on Mar 07th, 2013 at 1:49 AM

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