Federal Law Provides Several Categories of Remedies

Under 35 U.S.C. Section 281, a patent owner has a civil right of action against infringement, and courts can award damages, injunctions, and in certain cases enhanced damages and attorney fees. These remedies work together, and a strong infringement case often pursues more than one category at the same time.

Which remedies actually make sense in a given case depends heavily on the infringer’s current behavior, since a company that has already stopped selling the infringing product presents a very different situation than one still actively competing in the market.

A New York City patent lawyer evaluates which remedies actually fit a specific case early on, since an ongoing competitor still selling an infringing product calls for a genuinely different strategy than a one-time past infringement that has already stopped.

What an Injunction Actually Accomplishes

Under 35 U.S.C. Section 283, a court may grant an injunction to prevent further infringement, based on principles of equity rather than as an automatic remedy that follows every finding of infringement. An injunction stops the infringing activity going forward, which can matter more to a patent owner than money damages when a competitor is actively taking market share.

Courts weigh several factors before granting an injunction, including whether the patent owner would suffer irreparable harm without one and whether monetary damages alone would adequately compensate for the ongoing infringement. A patent owner who licenses the technology broadly to others may find it harder to establish irreparable harm than one who relies on exclusivity as a core part of the business.

How Monetary Damages Are Actually Calculated

Under 35 U.S.C. Section 284, a prevailing patent owner is entitled to damages adequate to compensate for the infringement, with a reasonable royalty serving as the statutory floor even when actual damages are difficult to prove. Courts may also award interest and costs, and in cases of willful infringement, damages can be increased up to three times the amount found by the jury or court.

This reasonable royalty floor matters considerably in cases where a patent owner cannot easily prove specific lost sales, since it guarantees some measure of compensation even without detailed sales data.

When Attorney Fees Are Actually Available

Under 35 U.S.C. Section 285, a court may award reasonable attorney fees to the prevailing party in genuinely exceptional cases only. This is not a routine award in ordinary infringement litigation, and courts generally reserve it for situations involving particularly weak claims, bad faith litigation conduct, or other circumstances that make a case stand out from typical patent disputes.

Because this remedy requires a specific finding that a case is exceptional, pursuing attorney fees usually depends heavily on documenting the other side’s conduct throughout the entire litigation process.

Evidence That Supports a Patent Infringement Claim

Building a strong infringement case requires documenting both the patent’s scope and the accused product’s actual features. Useful evidence typically includes:

• The issued patent and its specific claims defining the protected invention
• The accused product or process and how it operates
• Sales records and market data relevant to calculating damages
• Communications suggesting the infringer had knowledge of the patent
• Documentation of any cease and desist correspondence already exchanged

How COFFYLAW Approaches Infringement Cases

Patent infringement cases involve multiple potential remedies, and pursuing the right combination depends heavily on the specific facts of each individual dispute. COFFYLAW evaluates whether an injunction, damages, or both are appropriate, and builds a case designed around what a client actually needs.

Your Next Step

Understanding which remedies actually apply to your specific situation can shape how you approach a patent infringement dispute from the outset. If you believe your patent is being infringed in the New York City area, a New York City patent lawyer can help you understand what relief may be available.