Rite-Hite Corp. v. Kelley Co., Inc.

 
APPEAL NO.
92-1206, 93-1260
OP. BELOW
DCT
SUBJECT
Patent
AUTHOR
Lourie

Question(s) Presented

“[O]nce infringement of a valid patent is found, what compensable injuries result from that infringement[?]”

Holding

“[There is no] justification in the statute, precedent, policy, or logic to limit the compensability of lost sales of a patentee’s device that directly competes with the infringing device if it is proven that those lost sales were caused in fact by the infringement. Such lost sales are reasonably foreseeable and the award of damages is necessary to provide adequate compensation for infringement under 35 U.S.C. ยง 284.” “[There is] a limitation on damages, when recovery is sought on sales of unpatented components sold with patented components, to the effect that the unpatented components must function together with the patented component in some manner so as to produce a desired end product or result.”