Lost Royalties

  • BASICS: The patentee may be able to show that but for the infringement it would have received higher royalty revenues (or rates) from its licensees. BIC Leisure (Fed. Cir. 09/07/93) (aff’g award of lost royalties). This is not a reasonable royalty analysis and the patentee must still meet the but-for test.
  • TIPS: