What are the factors that need to be addressed while seeking royalty damages?
When it comes to patent infringement cases, your legal representative is going to have to consider multiple factors while proving your reasonable royalty damages are what you claim and how much you claim. Some of these factors are:
- How much royalties has the patentee received in order for licensing of the patent specified in the lawsuit and does this prove or tend to establish the royalty?
- What sort of rates were paid by the license itself for the use of other patents that could be subjectively and objectively comparable to the patent in question in the lawsuit?
- Was the license exclusive or non-exclusive? Was it restricted to a certain geographic area or was it in effect throughout the country? Was there any further restriction with regards to the target consumers of the product of invention?
- What sort of policies the patentee had adopted in terms of marketing? Had the patentee made provisions to ensure that his patent monopoly would be maintained by not licensing others to use the invention?
- The working relationship between the patentee and the licensee: were they competitors in the same industry? Were they inventors and promoters?
- What are the consequences or effects of actually selling the product in promoting sales of other products of the licensee?
- The expiration of the patent―is it valid currently? When does it expire?
- The commercial success and the profitability factor of the product which is patented.
Call a legal pro today
If you believe you are a victim of patent infringement, then our team of Alaskan patent lawyers will most certainly be able to help you. There is more than one way to reach them. You can use the interactive map above to find the legal help you need. With this interactive map of Alaska, you can choose your county and be presented with the best-practicing lawyers and their specialties in your proximity.
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Call 800-672-3103 for a Free Consultation. Our Alaska copyright attorneys handle all aspects of intellectual property law including copyright, patent, and trademark infringement claims. Let us help you protect your interests and rights.
