The 'Book of Wisdom' Contains Little Wisdom and Creates Significant Risk of Bias

Abstract

The patent statute directs that “[u]pon finding for the claimant the court shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer . . . .” The statute allows for two types of compensation to the patent owner. Upon proper proof, the patent owner may obtain profits lost as a result of the alleged infringement, but, even without such proof, the patent owner may recover at least “a reasonable royalty for the use made of the invention by the infringer.” This Article addresses that second form of damages—reasonable royalty.

Keywords: patent, reasonable royalty book of wisdom, patent damages