South Dakota Intellectual Property Case Value Calculator

IP damages are typically measured as your lost profits, the infringer's profits, or a reasonable royalty — what you would have charged to license the work. For willful infringement, patent and trademark law allow enhanced damages up to three times the actual damages, plus attorney fees in exceptional cases, which makes willfulness a major value driver.

Deadlines vary by IP type: patent damages reach back 6 years, copyright claims run 3 years from discovery, and trademark and trade-secret claims generally follow a 6-year period in South Dakota. Registration matters too — copyright registration is required before suing and unlocks statutory damages and fees, and a patent must have issued.