- Maximizing Patent Damages: Provisional Rights And Marking
- July 19, 2017 | Authors: Ann G. Fort; Walter S. Freitag; Kevin W. King
- Law Firm: Eversheds Sutherland (US) LLP - Atlanta Office
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.In their article for Law360, Eversheds Sutherland (US) attorneys Ann Fort, Kevin King and Walter Freitag suggest strategies that patent owners and practitioners can employ during prosecution and after a patent is granted to maximize potential damages awards.