Trio Process Corp. v. L. Goldstein's Sons, Inc.
United States Court of Appeals for the Third Circuit
612 F.2d 1353 (1980)
Relevant factsFree
Trio (plaintiff) licensed its copper-wire-insulation-removal patent at a consistent $2,600-per-furnace-year rate to numerous licensees both before and after Goldstein (defendant) began infringing in 1965, but the district court, on remand after an infringement finding, set damages at higher rates ($7,800 and $15,000 per furnace year) reasoning the established rate had been unfairly depressed by Goldstein's open infringement.
IssueFree
Whether a consistent royalty rate charged for licenses granted prior to infringement constitutes an established royalty appropriate for consideration in a damages calculation.