Patent Litigation: Lost Profits Damages Checklist | Practical Law

Patent Litigation: Lost Profits Damages Checklist | Practical Law

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Patent Litigation: Lost Profits Damages Checklist

Practical Law Checklist w-007-7085 (Approx. 12 pages)

Patent Litigation: Lost Profits Damages Checklist

by Practical Law Intellectual Property & Technology
MaintainedUSA (National/Federal)
A Checklist of issues that counsel for patent owners and accused infringers should consider when litigating lost profits in a patent lawsuit. It discusses the Panduit test, convoyed sales, the Patent Act's limitations on damages, standing and pleading requirements, and using discovery to obtain lost profits information. Action items generally apply to both counsel for patent owners and accused infringers unless otherwise indicated.