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| "The Reasonable Royalty for Patent Infringement: Theory and Practice" |
Originally published in the ABA's IPL Newsletter, Volume 23 : Number 3
Spring 2005
By John D. Taurman |
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Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. Copyright ©2005
In 1915, the Supreme Court approved the reasonable royalty as a remedy for patent infringement in Dowagiac Mfg. Co. v. Minnesota Moline Plow Co. Reasoning that patent rights are a form of property and that infringement is "a tortious taking of a part of that property," the Court recognized "the value of what was taken" through infringement as an appropriate measure of the patentee's damages.
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