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Lost profits in patent matters (continued)

Relevant issues in measuring lost profits in patent matters

• What is the damage period?

– Statutory limit of 6 years prior to filing of complaint

– Products marked as patented — Damages start when infringing product is made, sold,

imported, or offered for sale

– Product not marked — Damages start when infringer receives actual notice

– Damages typically end at the date of trial (with potential for future damages)

• Are lost profits recoverable on the entire apparatus (entire market

value rule) or only on the patented feature?

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