Can a Reasonable Royalty Ever Exceed Lost Profits?

Business Valuation UpdateVol. 18 No. 3
Legal and Court Case Update
March 2012

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5211 Lumber and Other Building Materials Dealers
444110 Home Centers
intellectual property
Powell v. The Home Depot U.S.A., Inc.
2011 U.S. App. LEXIS 22838
November 14, 2011
US
Federal Court
Federal Circuit
United States Court of Appeals
unnamed
Prost

Summary

Federal Circuit confirms that neither the infringer’s profits nor the patentee’s expected lost profits serves to cap reasonable royalty damages.

See Also

Powell v. The Home Depot U.S.A., Inc.

Full Text of Court Cases
November 14, 2011

Federal Circuit confirms that neither the infringer’s profits nor the patentee’s expected lost profits serves to cap reasonable royalty damages.

This article also appears in:
Business Valuation UpdateVol. 18 No. 3
The Comprehensive Guide to Economic Damages, Seventh Edition