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by micks56
6022 days ago
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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. |
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