It?s Not Just About Injunctions Anymore: An Overview of Money Damages in Intellectual Property Litigation
Litigation involving intellectual property (?IP?) is one of the fastest growing areas of litigation in the U.S. Based on federal court statistics, more than 7,700 patent, trademark, and copyright cases were be filed in the U.S. in 1999. This represents an increase of nearly 300% over the reported filings in 1997. And, it appears this trend will continue. This article presents an overview of damages available in IP lawsuits. In each section, it cites the applicable federal statute and summarizes the type of damages allowed, analyze the typical proof required to obtain the various types of damages, and discuss the principal defenses to the amount of damages claimed. A selection of the leading cases is analyzed throughout to illustrate the key concepts.