The 'Lectric Law Library's Lexicon On
* Compensatory Damages *


 

DAMAGES, COMPENSATORY - Amount of money adequate to compensate for any actual damages caused by the party against whom they awarded. Also awarded for things that are harder to measure, such as pain and suffering. (As opposed to punitive damages.)

Patent. Amount of money adequate to compensate for any infringement, but in no event less than the amount of money the plaintiff would have received if the defendant had been paying the plaintiff a reasonable royalty for using the patent during the period of infringement. The law does not permit the award of a greater sum than the monetary loss the plaintiff suffered as a result of the defendant's infringement. 35 U.S.C.


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