How are punitive damages awarded in patent litigation?
In principle, punitive damages are available and may be awarded in successful patent litigation. Further, the courts may order the infringer to pay punitive damages in addition to damages awarded to the plaintiff.
How are damages calculated in a patent case?
Damages are recoverable from the date of publication of a patent application under Section 11A of the Patents Act 1970. The actual profit or loss made is of no consequence when calculating damages – thus, damages can exceed the actual profits made by an infringer, unlike in the case of account of profits.
What are the damages for patent infringement in China?
In the fourth Patent Law amendment (draft for review), statutory damages are amended to between Rmb100,000 and Rmb5 million.
How are lost royalties calculated in patent infringement cases?
If the patentee or its licensee is not exploiting the patent or it would not have sold more products, it can claim lost royalties. Lost royalties will be based on the infringer’s turnover and the ordinary market royalty rate, which will be increased to take into account the fact that the royalty rate was not negotiated.
Damages are recoverable from the date of publication of a patent application under Section 11A of the Patents Act 1970. The actual profit or loss made is of no consequence when calculating damages – thus, damages can exceed the actual profits made by an infringer, unlike in the case of account of profits.
In principle, punitive damages are available and may be awarded in successful patent litigation. Further, the courts may order the infringer to pay punitive damages in addition to damages awarded to the plaintiff.
How to calculate damages in a software infringement case?
Here is one way to look at a damages calculation: 1. Cost to properly license a copy of your software for all laptops, PC’s, and networks that use your software. For example, if you have 10 unlicensed copies on 10 different platforms, you have 10 copyright infringements.
In the fourth Patent Law amendment (draft for review), statutory damages are amended to between Rmb100,000 and Rmb5 million.