Extract to table

Under Panduit, a patentee seeking lost-profits damages must establish, by a preponderance of the evidence, the following four factors: 1

1999) ("Lost profits must be determined by reference to the patentee's incremental profit margin on the lost sales

Customer procurement specifications — copies of which were produced in discovery — confirm that the patented features correspond to critical performance parameters that must be met for a transceiver to be considered for deployment

The patentee need not show that its product was the only option in the market; rather, it must show that there were no acceptable non-infringing alternatives that would have absorbed the demand that the accused product served

The Federal Circuit has emphasized that non-infringing substitutes must be "available" — that is, actually on the market or capable of being quickly brought to market during the relevant period — not merely theoretically possible

Moreover, a purported substitute must be "acceptable" to the relevant customer base