Reasonable royalty damages in Indian IP disputes
How courts approach quantum, and what makes an expert damages report persuasive.
Ragulika IP Valuation Team · 30 June 2026 · 7 min read
When IP is infringed, the owner may claim damages or an account of profits. Quantifying either requires evidence that links the infringing activity to economic harm.
Two main approaches
- Lost profits — sales and margin the owner would have made but for the infringement, including price erosion.
- Reasonable royalty — the royalty a willing licensor and licensee would have agreed at the time infringement began.
What makes a report persuasive
Courts look for a clear causal chain, apportionment between patented and unpatented features, and royalty evidence grounded in real licences. The Georgia-Pacific factors, while originating in US case law, provide a well-recognised structure for explaining why a rate is reasonable.
Practical tips
Preserve sales and licensing records early, document your own licensing practice, and engage a valuer before pleadings are finalised so that the damages theory and the evidence align.
This article is general information, not valuation, legal or tax advice.