35 U.S.C. § 284 - U.S. Code - Unannotated Title 35. Patents § 284. Damages

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.


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