Delaware Intellectual Property Case Value Calculator

IP damages typically equal: (1) your lost profits caused by the infringement, (2) the infringer's profits from the infringing activity, or (3) a reasonable royalty — what you would have charged to license the IP. For willful infringement, patent and trademark law allows enhanced damages up to three times the actual damages.

Patent infringement cases — especially in technology, pharmaceuticals, and medical devices — yield the highest damages. Trade secret misappropriation by former employees or competitors can also generate very large awards. Willfulness is a major value driver because it enables enhanced damages and mandatory attorney's fee awards.

In Delaware, you have 3 years from the date of the incident to file a lawsuit. Missing this deadline permanently bars your right to recover — act promptly and consult an attorney before the deadline approaches.

For copyright, federal registration is required before filing a lawsuit and is necessary to recover statutory damages and attorney's fees. For patents, you must have an issued patent from the USPTO. For trademarks, federal registration is not required to sue but enables nationwide claims and significantly strengthens your case.