How do damages, royalties, and lost profits usually work?

What supports a royalty theory?

Section 284 provides compensation no less than a reasonable royalty for the infringing use. Ericsson v. D-Link requires attention to the patented contribution rather than unrelated product value. Explain the relevance of proposed comparable licenses and the differences in technology, scope, and circumstances. A large product revenue figure is not itself a supported royalty calculation.

What supports lost profits?

Under Mentor Graphics v. EVE-USA, the owner must prove the profits it would have earned without infringement. The nonexclusive Panduit approach considers demand, acceptable noninfringing alternatives, capacity, and profit amount. Build the evidence around the sales and alternatives actually at issue rather than assuming that competition alone proves lost profits.

Can both measures appear in one case?

Mentor Graphics explains that proven lost profits may apply to some infringing sales and a reasonable royalty to others. Avoid double recovery and explain which sales support each measure. Separately examine any section 287(a) marking or notice limit on the damages period.