Patent infringement is the unauthorized making, using, offering for sale, or selling any patented invention, within the United States, or importing into the United States any patented invention during the term of the patent.
The determination of damages is a critical element of any patent litigation case. There are generally two types of damages awarded in a patent infringement case: lost profits and a reasonable royalty. The plaintiff may seek either lost profits or a reasonable royalty, or a combination of both, as long as the remedies do not overlap. The determination of patent damages awarded is an objective process based on questions of fact. Numerous damage theories exist within the broad categories of both lost profits and a reasonable royalty to help answer those questions.
As the nature of patents and other technology-related intangible assets have become increasingly complex, litigation involving these types of assets typically involves technical issues requiring complex damages calculations. Over the past 20 years, CONSOR’s experts have provided litigation support services to help determine a proper damages award based on applicable damage and economic theory. We have testified numerous times regarding lost profits and reasonable royalties due, and our opinions have supported significant awards and settlements in a variety of jurisdictions and industries.