Recently, calculations of patent damages have fallen under considerable scrutiny, resulting in the end of an era of fundamental assumptions.
Upon establishing patent infringement, a patent owner is entitled to monetary relief adequate to compensate for lost profits due to the infringing activity. See 35 U.S.C. § 284. In order to recover lost profits, the patent owner must establish a nexus between the infringing act and its lost sales. Panduit Corp. v. Stahlin Bros. Fibre Works, Inc., 575 F.2d 1152 (6th Cir. 1978). In the event lost profits cannot be calculated, the patent owner must receive a reasonable royalty for the use of the invention by the infringer. See 35 U.S.C. § 284.
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