Chapter §20.01 Introduction

• Jurisdiction: United States

§20.01 Introduction

Patent infringement is a tort,¹ for which a patent owner may sue an accused infringer in a civil action.² Earlier chapters of this treatise addressed the substantive law of patent infringement³ and the defenses that may be raised thereto.⁴ This chapter concerns the types of relief that a successful patent owner may obtain if infringement is established and the patent's validity and enforceability are sustained.

To summarize, the available remedies for infringement of a valid, enforceable patent are:

• an injunction (preliminary and/or permanent) against future infringement,

• ongoing royalties for future infringement that is not enjoined,

• damages (compensatory and/or enhanced) for past infringements,

• attorney fees,

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