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Author Topic: Measure of Damages for Offer to Sell  (Read 1163 times)

davidlaw69

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Measure of Damages for Offer to Sell
« on: 03-30-05 at 11:09 am »

Does anyone know of any authorities discussing how to measure damages for an offer to sell an infringing product that is not coupled with an actual sale?
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JimIvey

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Re: Measure of Damages for Offer to Sell
« Reply #1 on: 03-30-05 at 11:40 am »

I'm not a damages expert, but I'll guess zero.  

Infringing activity includes making, using, selling, and importing.  I don't think it includes offers to sell without actually selling.  For example, things that don't constitute infringement (as far as I know) include buying, owning, storing, transporting, displaying, discussing, etc.

Something else to consider is that damages typically relate to a reasonable royalty and/or lost profits.  What reasonable royalty would you charge to merely offer to sell your product without actually selling it?  How much profit do you make on every rejected offer to sell?  I'm guessing $0.00 (assuming US currency).

Regards.
« Last Edit: 03-30-05 at 11:42 am by JimIvey »
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James D. Ivey
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