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... Design Protection - Page 14by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Trademarks, and Copyrights - 1960 - 99 pagesFull view - About this book
| Elizabeth C. Benton - Law - 1994 - 252 pages
...(ie, "increased damages") portion of any award.233 D. INCREASED DAMAGES AND ATTORNEY FEES By statute, "the court may increase the damages up to three times the amount found or assessed"234 and "in exceptional cases may award reasonable attorney fees to the prevailing party."235... | |
| Fred K. Carr - Technology & Engineering - 1995 - 244 pages
...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...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... | |
| Patrick J. Flinn - Law - 2000 - 1388 pages
...Id. [B] Enhanced Damages for Willfulness Under § 284 of the Patent Act, the court has discretion to "increase the damages up to three times the amount found or assessed." Increased damages are only available for direct or indirect types of infringement, however. The reasonable... | |
| Terence P. Ross - Law - 2000 - 970 pages
...Under the Patent Act The Patent Act provides for increased damage awards against patent infringers: 'The court may increase the damages up to three times the amount found or assessed."1 Thus, district courts are vested with discretion to determine whether increased damages... | |
| Mark A. Glick, Lara A. Reymann, Richard Hoffman - Law - 2002 - 504 pages
...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...damages up to three times the amount found or assessed. Increased damages under this paragraph shall not apply to provisional rights under section 154(d) of... | |
| Michael A. Epstein - Law - 2006 - 1454 pages
...lost profits, the patentee must actually prove his or her loss and cannot merely point to the profit When the damages are not found by a jury, the court...damages up to three times the amount found or assessed. Increased damages under this paragraph shall not apply to provisional rights under section 154(d) of... | |
| Jeffrey K. Dellinger - Business & Economics - 2006 - 800 pages
...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...damages up to three times the amount found or assessed. Increased damages under this paragraph shall not apply to provisional rights under section 154(d) of... | |
| |