Patent Infringement Damages

Hampton IP’s economic experts are widely recognized and acknowledged for dependable and accurate economic damages assessments, written testimony in Rule 26 Reports, insight to patent value and royalty rates, and quality trial testimony. 

Our Experts Can Prove Patent Infringement Damages

Proving patent infringement damages requires comprehensive knowledge of patents, apportionment methods, and prior court decisions relating to patent damages.

• Our economic damage experts have extensive experience calculating and testifying about patent infringement lost profit and reasonable royalty damages.
• Our experts understand and use accepted methods for establishing patent infringement damages. We clarify complex fact patterns and present our findings in precise and supported Rule 26 expert reports and oral testimony.
• Experts at Hampton IP stay up-to-date on recent court decisions and apply accepted methodologies to calculate lost profit and reasonable royalty damages.
• Hampton IP experts understand the importance of accurately defining the footprint of the patent in the market place and apply accepted methods to apportion between conventional features and the invented improvement of the patent.

Title 35, Section 284 of the United States Code, often referred to as the patent statute, governs the award of damages in patent infringement cases. The statute calls for “damages in an amount adequate to compensate for the infringement.” The statute also sets a floor for what constitutes adequate damages in the form of a reasonable royalty. The prevailing party can also recover prejudgment interest and costs from the infringer. In addition, courts can treble damage awards found by the jury or assessed by the court.

Section 284 of Title 35 of the US Code reads:

“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 fixed by the court.”

The patent statute establishes a patent damage award that compensates the patent owner through an award of (i) lost profits, (ii) reasonable royalty, or (iii) combination of both.