Which of the following is true regarding how damages may be awarded in a patent infringement case?
A) Damages may be awarded based on (1) the patent holder's lost profits, (2) the infringer's profits, or (3) a reasonable royalty for the infringer's use of the invention.
B) Damages may only be awarded based on the patent holder's lost profits.
C) Damages may only be awarded based on the infringer's profits.
D) Damages may only be awarded based on a reasonable royalty for the infringer's use of the invention.

Question

Quizplus · Accepted Answer

Damages in a patent infringement case can be awarded based on the patent holder's lost profits, the infringer's profits, or a reasonable royalty for the infringer's use of the invention. This is outlined in 35 U.S. Code § 284.

Which of the Following Is True Regarding How Damages May