Calculating Damages for Intellectual Property Infringement
Title 35, Section 284 of the U.S. Code dictates how infringement damages are to be awarded:
The court shall award the (successful) 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 fixed by the court.
This guidance, while helpful, does not specify how reasonable royalties, interest, costs, and infringement damages should be calculated. Additionally, different courts may (or may not) accept different approaches, muddying the waters and making objective, defensible damage calculations imperative to favorable outcomes.
The infringement damage experts at Thomas Roney LLC understand the unique facets of these cases. We know how to select, complete, and explain the best-fit methods for calculating infringement damages in intellectual property litigation. Some of the various aspects of these cases that we are exceptionally effective at handling include:
- Quantifying lost profits, as well as impacts on patent and trademark values
- Calculating impacts of trademark confusion, profit apportionment, unjust enrichment damages, and corrective advertising costs
- Evaluating trade secret assets and constructing hypotheticals for license transactions
- Researching precedent in damage awards, including prior rulings of appellate courts and the U.S. Supreme Court
- Analyzing profit apportionments, licensing agreements, and reasonable royalties
We work closely with lawyers on both sides of the bench, providing essential support, reports, and testimony for mediation, arbitration, and trial proceedings.