35 U.S.C. § 284 - U.S. Code - Unannotated Title 35. Patents § 284. Damages
Search U.S. Code
Upon 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, together with interest and costs as fixed by the court.
When the damages are not found by a jury, the court shall assess them. In either event the court may increase the damages up to three times the amount found or assessed. Increased damages under this paragraph shall not apply to provisional rights under section 154(d) .
The court may receive expert testimony as an aid to the determination of damages or of what royalty would be reasonable under the circumstances.
Read this complete 35 U.S.C. § 284 - U.S. Code - Unannotated Title 35. Patents § 284. Damages on Westlaw
FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.