 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
 | Juanita M. Branes - Business & Economics - 2007 - 182 pages
...legislation would also reform the law of willful infringement. The patent statute currently provides that the court "may increase the damages up to three times the amount found or assessed."[176] An award of enhanced damages, as well as the amount by which the damages will be increased,... | |
 | Scott - Computers - 2007 - 2324 pages
...1988). 516 See § 3.26[D] Lack of Notice. [C] Trebled Damages The damage provision also states that "the court may increase the damages up to three times the amount found or assessed."517 The court's decision in this regard is discretionary, and is based on its perception... | |
 | Daniel Slottje - Law - 2006 - 339 pages
...for the use made of the invention. . . . [tjogether with interest and costs as fixed by the court. The court may increase the damages up to three times the amount. [Emphasis added.] 17 I As with lost profits, it is important to recognize that although the amount... | |
 | William A. Finkelstein, James R. Sims - Law - 2005 - 412 pages
...from the time of the infringement until the judgment is paid. Section 284 authorizes the courts to "increase the damages up to three times the amount found or assessed" when there is either willful and wanton infringement or the litigation is in bad faith. Similarly,... | |
 | Hugh B. Wellons - Biotechnology - 2007 - 1016 pages
...patented product so as to form a single assembly, machine, or functional unit.152 c. Enhanced Damages "[T]he court may increase the damages up to three times the amount found or assessed." 35 USC § 284. Enhanced damages are available if infringement is found to be willful or if the opposing... | |
 | United States - Law - 1965 - 924 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... | |
 | United States. Federal Trade Commission - Patent laws and legislation - 2003 - 315 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... | |
 | United States - Law - 1959 - 894 pages
...royalty for the use made of the invention by the infringer, together with interest and costs as fixed by 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... | |
 | United States. Congress. Senate. Committee on the Judiciary - Law - 2004 - 164 pages
...relief in patent cases is statutory. Whether damages are found by the jury or assessed by the judge, the court may increase the damages up to three times the amount found or assessed. The purpose of an increased damage award is to deter willful patent infringement by punishing the willful... | |
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