Patent Damages

Damages for a valid, enforceable, and infringed patent are determined relative to outcomes in a but-for hypothetical "but-for" marketplace in which the alleged infringer chooses its best non-infringing alternative.


Damages can include the patent holder's lost profits -- including lost sales and price erosion, depending on the nature of the "but-for" marketplace --  but are no less than a reasonable royalty that emerges from a hypothetical negotiation between a willing licensee and licensor and informed by their respective non-infringing alternatives.


Experienced providing patent damages expert testimony and consulting on behalf of plaintiffs and defendants in many industries, including the following.

auto parts

cable TV software and equipment

computer printers

construction equipment

dialysis (hemo and peritoneal)

enterprise software

fitness equipment and services

genetically engineered products

information resources

medical implants (dental, spinal, knee)

memory products

network infrastructure

office furniture

oil royalties

pet food

private equity

pulse oximeters

recombinant DNA technologies

minimally invasive surgical equipment

semiconductor design and manufacturing

smartphone speakers


video conferencing

wafer/semiconductor manufacturing

water jet cutters

telecom transmission