So someone has wronged you. Maybe they have breached a contract with you, infringed your intellectual property, or crashed your car. You have written them, and maybe even threatened them with legal action, but they refuse to make things right. You realize that you must sue them, but how do you start?
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Customers often negotiate for IP Escrow Agreements from their Suppliers. This is how an IP Escrow Agreement works:
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Damages for patent infringement are governed by 35 USC §284 (1994). It states that damages are to be adequate to compensate the patent holder, which at minimum is a reasonable royalty. However, damages can also be based on the patent holder’s lost profits. Recovering lost profits is more difficult to prove in that the defendant must be a competitor of the patent holder, and the patent holder must prove that it lost the sales that the defendant made.
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