(続き)
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The jury found RES liable for willful infringement under the doctrine of equivalents and awarded Johnston $1,138,764 in damages. R.E. Serv. Co. v. Johnson & Johnston Assocs., No. C-97-04382 CRB, slip op. at 4 (N.D. Cal. Dec. 23, 1998) (noting the Oct. 22, 1998 jury verdict). Exercising its discretion under 35 U.S.C. § 284, the district court enhanced Johnston’s damages — doubling the jury’s assessment for lost profits and reasonable royalties, but not for price erosion. R.E. Serv. Co. v. Johnson & Johnston Assocs., No. C-97-04382 CRB, slip op. (N.D. Cal. Nov. 30, 1998). The court also awarded attorney fees and expenses under 35 U.S.C. § 285. Id.
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【概要】
陪審は、均等論の下、RES社の故意侵害を認め、Johnson社に対して$1,138,764の賠償額を認めた。米国特許法２８４条の下、地裁はその賠償額を増額した。地裁はRES社に弁護士費用の出捐も求めた。
【参考条文】
35 U.S.C. 284 Damages.
Upon finding for the claimant the court shall award the claimant damages adequate to compensate for the infringement but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest and costs as fixed by the court.
When the damages are not found by a jury, the court shall assess them. In either event the court may increase the damages up to three times the amount found or assessed. Increased damages under this paragraph shall not apply to provisional rights under section 154(d) of this title.
The court may receive expert testimony as an aid to the determination of damages or of what royalty would be reasonable under the circumstances.
35 U.S.C. 285 Attorney fees.
The court in exceptional cases may award reasonable attorney fees to the prevailing party.
【個人メモ】
PATENT INFRINGEMENT LITIGATION
(To recover as compensation for the infringing activity)
(1) Compensatory Monetary Damage
> Actual Damage (Lost Profits)
> Reasonable Royalty
> Price erosion
(2) Interest
(3) Extraordinary Awards
> Increased Damage
> Attorney Fees
(4) Injunctions
(5) Summary of Damages
椿特許事務所
弁理士ＴＹ
