![]() 2 Difficulty arises when attempting to determine the value attributable to a subcomponent instead of the whole product, especially when there is no established market for just the infringing subcomponent. ![]() is because courts seek to compensate patent owners for the value of the patented improvement, which is oft en less than the value of the overall product. US patent law guarantees a prevailing patent owner at least "a reasonable royalty." 1 However, determining the potential damages (both before and during litigation) can prove complex, particularly for the multi-component products common in today’s global marketplace. The potential damages from litigation also drives (offensive and defensive) licensing decisions and freedom-to-operate analyses (when balancing design-around costs). Most patent owners suing for infringement in US courts seek monetary damages.įor most patent owners, the amount of recoverable damages for patent infringement is a primary driver when deciding when to bring, defend, or settle patent litigation. Some, like pharmaceutical and biosimilar exclusivity, are industry-specific. Some remedies, like injunctions or orders barring imports, are more prevalent in particular industries. ![]() In the United States, patent owners can seek several different types of remedies when considering a patent infringement litigation.
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