[micks56]

This is an inaccurate statement of the law. Chapter 17 of the United States Code goes into voluminous detail of that actual law. Actual damages includes costs saved by the infringer. Courts can also impose punitive damages, which is not necessarily a multiplier, as well as costs and attorney's fees.

All of this assumes that US jurisdiction applies.

[houseabsolute]

The infringer hasn't exactly saved any costs, now, has he?

[micks56]

If the infringer did not have to incur development costs, or reduced development costs, those would be saved costs and included as part of the damage award.

I will also add that the plaintiff only needs to enter the infringer's gross revenues of the entire company into evidence. It is up to the infringer to justify deductible expenses from non-infringing business in order to arrive at the profits gained from infringement.

Once again, this is assuming the US has jurisdiction.