Maximizing Patent Damages: Provisional Rights And Marking

By Kevin King, Ann Fort, Walter Freitag and Sonali Shah (July 18, 2017, 11:57 AM EDT) -- To justify the substantial effort and expense required to enforce a patent, a patentee often needs to be able to collect damages for past infringement. That is, obtaining a prospective injunction against infringing activity may not be enough reward to justify the incurred expense, particularly when all or most of the sales of the infringing products occurred before the patent was granted. This article suggests strategies that patent owners and practitioners can employ during prosecution and after a patent is granted to maximize potential damages awards....

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