Reasonable Royalty Damages
The statutory-floor patent damages measure equal to the royalty a patentee and infringer would have agreed to in a hypothetical arm's-length negotiation at the time infringement began.
Reasonable royalty is the minimum damages measure guaranteed by 35 U.S.C. § 284: even where a patentee cannot prove lost profits, it can still recover a reasonable royalty for the infringing use. Courts frame the inquiry as a hypothetical negotiation, asking what royalty a willing licensor and willing licensee would have agreed to just before infringement began, assuming both knew the patent was valid and infringed.
Experts typically anchor that hypothetical negotiation to the Georgia-Pacific factors and to comparable real-world licenses. The royalty base, meaning the revenue or unit count the rate is applied to, is generally limited to the smallest salable patent-practicing unit under the entire market value rule, unless the patentee can show the patented feature actually drives demand for the whole product.
As a simulation input, the reasonable royalty figure decomposes into two tunable dials, the royalty base and the royalty rate, letting a user see how expected damages in the expected-value-of-a-lawsuit calculation move as each assumption changes independently.
Reasonable royalty ≈ royalty base (revenue or units attributable to the patented feature, generally the smallest salable patent-practicing unit) × royalty rate (derived from a hypothetical negotiation analysis informed by the Georgia-Pacific factors and comparable licenses)
How it actually shows up
Reasonable royalty is the default damages theory whenever lost profits cannot be proven, whether because the patentee does not practice the invention or the market-reconstruction proof is too speculative. Damages experts build a hypothetical negotiation narrative supported by the Georgia-Pacific factors and comparable license agreements, and that narrative is frequently the most contested part of a patent damages trial.
- Is reasonable royalty a floor or a ceiling on patent damages?
- It is a statutory floor, the minimum a patentee can recover, not a cap; a patentee who can prove lost profits or other higher damages is not limited to a reasonable royalty.
- What is the entire market value rule?
- It limits the royalty base to the smallest salable unit that practices the patented invention, unless the patentee proves the patented feature is what actually drives demand for the entire product.
- Who determines the royalty rate at trial?
- Typically an economic damages expert proposes a rate applying the Georgia-Pacific factors, and the jury or judge ultimately decides what rate the evidence supports.
This page is an educational explainer, not legal advice, and creates no attorney–client relationship. Juricratic is a simulation engine: every probability-like figure is a dial you set, not a calibrated prediction. Verify every rule, deadline, and figure against the authorities and orders that govern your matter.
Turn the concept into a modeled matter.
Juricratic makes every one of these ideas a live dial: model your case as a solvable game, then watch the optimal line and the settlement window move as the assumptions do.
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