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In a strongly worded opinion, the U.S. Court of Appeals for the Federal Circuit stated that “Section 284 [of the Patent Act] imposes no limitation on the types of harm resulting from [patent] infringement that the statute will redress. The section’s broad language awards damages for any injury as long as it resulted from the infringement.” King Instruments v. Perego, 65 F.3d 941, 947 (Fed. Cir. 1995). Notwithstanding this powerful language and the increasing trends in patent-infringement damages awards, one potential category of damages has been largely ignored. In particular, in calculating patent damages everyone looks at an infringer’s actual sales. There are no reported decisions, on the other hand, seeking damages on the many “offers for sale” of an infringing product when no consummated sale has been made. The damages collectible from such infringing activity could be significant.

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