The Ongoing Confusion Over Ongoing Royalties

Stanford Public Law Working Paper No. 1793361

76 Missouri Law Review 695 (2011)

13 Pages Posted: 28 Mar 2011 Last revised: 28 Apr 2020


What are patentees entitled to if they don't get an injunction? Courts have tended to award reasonable royalties, but there is considerable – and unnecessary confusion about who awards those royalties and how they are calculated. In this paper, I endeavor to answer those questions.

Suggested Citation

Lemley, Mark A., The Ongoing Confusion Over Ongoing Royalties. 76 Missouri Law Review 695 (2011). Available at SSRN: or

Mark A. Lemley (Contact Author)

Stanford Law School ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

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