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Patent Infringement Damages

At the economic heart of any patent infringement litigation lays a determination of the cost of such infringement.

How much money does the patent infringer owe the patent holder?

It is this dollar figure that determines, in many ways, the willingness of parties to enter into lawsuits to enforce or infringe patents. If a patent infringer owes the patent owner five dollars, there is little disincentive for infringement.

But, if the infringer owes fifty five million dollars, the story is very different. Clearly, a reliable determination of the value of patent infringement is essential to the foundation of patent-based business.

This patent infringement value is called “patent damages.” There are two primary methods of calculating patent damages: “Lost Profits” and “Reasonable Royalty.”

BPSG has unique expertise and significant experience in determining Reasonable Royalty calculations for single patents or patent suites in a variety of industries. Our valuation experience has stood the test of time, both in US and international jurisdictions.