Legal Question in Intellectual Property in Virginia

accrual of damages for infringement

I am looking for support for the premis that under 35 U.S.C.� 287, a patent owner who sells no product covered by the patent has the enviable position of accruing damages from the start of an infringer's conduct.

I know that in the damages phase of a litigation it will often develop, then, that the sales of infringing goods by an infringer have varying damages consequences, depending on when the sales took place. Suppose that on the day the patent issues the patent owner is NOT making or selling anything. Starting on that day, sales of infringing articles will give rise to damages.

I AM LOOKING FOR SUPPORT (ie..cases) OF THIS PREMIS.


Asked on 10/19/03, 10:19 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: accrual of damages for infringement

Your premise is correct. See See Refac Electronics v. A&B Beacon Business Machines, 695 F. Supp. 753, 755 (S.D.N.Y. 1988); In re Elonex Phase II Power Management Litigation, opinion of 2/20/02 (D. Del.) I was counsel in this latter case but I don't know if this opinion was published. It is available at http://www.ded.uscourts.gov/GMSmain.htm. Click on opinions and scroll down to February 2002.

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Answered on 10/19/03, 10:41 pm


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