Hidden fields
Books Books
" 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 14
by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Trademarks, and Copyrights - 1960 - 99 pages
Full view - About this book

Antitrust Counterattack in Patent Infringement

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...
Limited preview - About this book

Patents Handbook: A Guide for Inventors and Researchers to Searching Patent ...

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...
Limited preview - About this book

Handbook of Intellectual Property Claims and Remedies

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...
Limited preview - About this book

Intellectual Property Law: Damages and Remedies

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...
Limited preview - About this book

Intellectual Property Damages: Guidelines and Analysis

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...
Limited preview - About this book

The Handbook of Nanotechnology: Business, Policy, and Intellectual Property Law

John C. Miller, Ruben Serrato, Jose Miguel Represas-Cardenas, Griffith Kundahl - Business & Economics - 2004 - 384 pages
...fees and treble damages are also granted under 284 when there is willful infringement. See id. at 1560 ("The court may increase the damages up to three times the amount found or assessed.") (quoting 35 USC § 284 (1988)). 18. US Patent Statistics, Calendar Years 1963-2001, at http://www.uspto.gov/web/...
Limited preview - About this book

Epstein on Intellectual Property

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...
Limited preview - About this book

Amendment in the Nature of a Substitute to H.R. 2795, the "Patent Act of ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property - Law - 2005 - 250 pages
...infringer, together with Interest and costs as rixed Dv the court. when tne damages ore not round Dy a jury/ the court shall assess them. In either event...Increase the damages up to three times the amount round or assessed. rne court may receive expert testimony as an aid to the determination of damages...
Full view - About this book

Amendment in the Nature of a Substitute to H.R. 2795, the "Patent Act of ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property - Law - 2005 - 248 pages
...together with interests and costs as fixed by the court. When the damages are not found by a iury, the court shall assess them, in either event the court may increase the damages up to threel"l35l times the amount found or assessed. The statute codifies the general rule of damages resulting...
Full view - About this book

The Handbook of Variable Income Annuities

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...
Limited preview - About this book




  1. My library
  2. Help
  3. Advanced Book Search
  4. Download EPUB
  5. Download PDF