What Are the Penalties For Patent Infringement?

(53) This video explores the basics of patent infringement damages - what money damages can you get when your patent is infringed and how the damages are calculated. This video also explains punitive or enhanced (treble) damages and the circumstances in which court costs and attorney fees might be payable by the infringer.
#patentattorney #patentinfringement #damages #compensation #ip
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This Channel provides ideas and education for Entrepreneurs and other Creative Visionaries. Topics in these videos include intellectual property, patents, trademarks, copyrights, trade secrets, licensing, and general business practices.
John Ferrell is a founder and patent attorney at the Silicon Valley law firm of Carr & Ferrell. The author of two books and a growing UA-cam channel on Intellectual Property, John’s passion for creating and protecting intellectual property is reflected in his representation of many of the world’s most important companies and inventors - some 5,000 so far. Founded in 1992, Carr & Ferrell has filed more than 10,000 patent applications covering nearly every imaginable technology.
Representative clients have included: 3Com, A10 Networks, Analogix, Apple Computer, Ariat, ASG Technologies, Atmel, Autodesk, Bank of America, Broadcom, Cadence, Canon, Caterpillar, Charles Schwab, Cirrus Logic, Cisco Systems, CSX, Dreamworks, Elasticsearch, Epson, Facebook, FireEye, Fonality, Fujitsu, Hewlett Packard, Hitachi, Icon Aircraft, IDEO, Intuit, Intuitive Surgical, KLA-Tencor, Knowles, Kodak, Lam Research, Lockheed, LSI Logic, Lucent, Marvell Technology, Mitsumi, Netgear, Olivetti, Oracle, PeopleSoft, Polycom, Philips, Plantronics, Princess Cruise Lines, Proofpoint, Rambus, Raytheon, Ricoh, Rohm Semiconductor, Ruckus Wireless, SDL, Seagate, Sega, Seiko Systems, Silver Peak, Sonos, Sony, Sun Microsystems, Sutter Health, Swagelok, Synnex, Synthetic Genomics, Technogym, The Ferrero Group, Trend Micro, Urban Outfitters, VIA Technologies, vArmour, Veritas, VMware, Wells Fargo, Western Digital, and Xilinx.
Distinguished by his demonstrated technical and legal expertise, John has been noted in the Silicon Valley Business Journal list of Who's Who in Silicon Valley and Northern California's Super Lawyers. He was also listed by the Los Angeles Daily Journal as one of California's top Rainmakers, by San Jose Magazine as one of Silicon Valley's top Legal Eagles, and by San Francisco Magazine as one of Northern California's top lawyers. Additionally, under his leadership, the firm has been recognized by Corporate Counsel Magazine as a Go to Law Firm for Intellectual Property. John has received an AV® Peer Review Rating from Martindale-Hubbell® (a representation of the highest level of professional excellence). Over the past three decades, John has presented on and spoken about patent and intellectual property issues, both legal and technology business forums around the globe.
In addition to practicing law, John is an active technology investor and member of The Band of Angels, Silicon Valley's oldest seed fund organization.
Please note that this Channel provides general legal and business information for education purposes only and is not intended to provide legal advice or create an Attorney-Client relationship. John Ferrell is admitted to practice law in California, before the USPTO (U.S. Patent and Trademark Office), before various U.S. Federal District and Appeals Courts and before the Supreme Court of the United States.
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If you wish to speak with an attorney about patents, call: 650 - 812 - 3408 or send an email to [e-mail].
John Ferrell, Esq.
[e-mail]
Monopoly Architect, Patent Strategist, Attorney
Carr & Ferrell LLP
411 Borel Ave., Ste. 603
San Mateo, CA 94402

[@johnferrellesq.]

Speak With an Attorney: call 650 - 812 - 3408 or email [e-mail]
Send an email to [e-mail] to subscribe to our newsletter!

[@edradlo8074]

Another fine instructional video by John Ferrell. I like the way he gave us a little lesson on the genericness doctrine of trademark law in the middle of his lecture on patent damages! Ed Radlo

[@johnferrellesq.]

@Ed Radlo, Thank you. You are best! -john

[@irameshnehra]

amazing content .thanks

[@johnferrellesq.]

Thank you! -j

[@robloxpirem594]

shared with my friend. thanks

[@johnferrellesq.]

Thank you! -j

[@twitci_seda]

you are very talented

[@johnferrellesq.]

Thank you! -j

[@eymenbok3412]

brilliant

[@johnferrellesq.]

Thank you! -j

[@cigdemozgulcan7246]

liked and subscribed for the next videos

[@johnferrellesq.]

Thank you! -j

[@antap]

Hi John,
1. Is it true that Damages and enhanced Damages awarded by the court only occurs at the end of a trial - with 2 years+ being the minimum length of a case (and 97% of cases don't get to trial)
2. If 1 is true then any damages before trial (after 3, 6, 15, 20 months for example) would be part of a settlement between Defendant and Plantif - with the Damages amount assessed by a Damages expert/s?
3. Does a Judge play any part in Damages assessment pre trial in a settlement?

[@johnferrellesq.]

Hi AP, thank you for your your questions. I will answer each separately.
1. Yes. Damages are awarded at the end of trial, and your statistic is correct that approximately 97% of all patent cases settle before going to trial. Start to finish can take to 2 to 3 years depending on the jurisdiction.

[@johnferrellesq.]

2. Damages start up to 6 years before the lawsuit and accumulate so long as the infringement continues. Judges in patent cases generally rely on damages experts to advise them on how much in damages should be paid.

[@johnferrellesq.]

3. If the case has not settled in the first 6 to 9 months (many do) then the judge will almost always order a mandatory settlement conference to see if a pre-trial agreement can be reached. This may include a mediator (a former judge or experienced attorney) to meet with both sides and help them reach agreement on settlement. These mediations can be very helpful in bringing the case to a close.

[@antap]

@@johnferrellesq. Cheers, John. I'll take #3!

[@EvolvedBonobo]

John, thanks for all the informative videos regarding patents! Yes, a video on patent litigation would be useful.

[@vicheakeng4884]

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