11.4.3.5 Lost Profits — Price Erosion / Cost Increases refers to a type of economic loss that results from a change in market conditions that leads to a decrease in the price of a good or service or an increase in the cost of production. This type of loss is often the result of a competitive market or a natural disaster. The two types of 11.4.3.5 Lost Profits — Price Erosion / Cost Increases are: 1. Price Erosion: This occurs when the price of a good or service decreases due to competition or changes in the market. This can lead to a reduced profit margin for the producer or seller. 2. Cost Increases: This occurs when the cost of producing a good or service increases. This can be due to changes in the cost of materials, labor, or other inputs. This can lead to a reduced profit margin for the producer or seller.
11.4.3.5 Lost Profits - Price Erosion / Cost Increases
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FAQ
Price erosion occurs when the infringing activity leads to reduction in price. Reduction of prices, and consequent loss of profits, enforced by infringing competition, is a proper ground for awarding damages. The only question is as to the character and sufficiency of the evidence, in the particular case.
Enhanced Damages When the court believes that an infringer's actions were willful, they have the ability to multiply the award by up to three times. This means a reasonable royalty finding of $500,000 can become a $1.5 million award.
The Patent Act provides that damages for patent infringement are calculated as lost profits of the patent owner or a reasonable royalty for the infringing product. If such infringement is determined to be willful, the damages may be tripled. In exceptional cases, a court may award attorneys' fees to the patent owner.
A court might calculate the fair market value of a license for one infringing item and then multiply that value by the number of items that infringed. Meanwhile, damages for lost profits compensate the patent owner for any money that they would have made if not for the infringement.
BASICS: ?To collect lost profits from lost sales, a 'patentee must show 'a reasonable probability that 'but for' the infringing activity, the patentee would have made the infringer's sales. ' This is done by determining what profits the patentee would have made absent the infringing product.
A) time limitation on damages BASICS: Under 35 U.S.C. § 286, the patentee cannot recover for any infringement committed more than 6 years prior to the filing of the infringement complaint or counterclaim. For purposes of precluding application of laches to bar legal remedies during this six-year window, Sec.
The 25% rule, which postulates a benchmark whereby licensees pay a royalty rate equal to 25% of their profits to patent holders, has been used by many damages experts and accepted in several federal courts since the 1990s.
Price erosion: This happens when the plaintiff has to offer discounts or lower prices to compete with the defendant's product. Damage to reputation: If the plaintiff can prove that the defendant's product is low quality and thus causes harm to the plaintiff's product, he can seek these damages.