• U.S. District Court
  • 3:10cv755
  • Dec 31 2013 (Date Decided)
  • Chatigny, J.
To prove lost profits, a patent holder may be required to prove: 1.) the demand for the patented product; 2.) the absence of acceptable non-infringing substitutes; 3.) the plaintiff's manufacturing and marketing capacity to exploit the demand; and 4.) the amount of profit that the plaintiff would have made.

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