Abstract
The United States patent system has produced extraordinary technological advance in this country over decades. It is the source of enormous wealth. It is the source of enormous power in the global marketplace. But like every system, it has weak points and controversies to be solved. And those are of great concern nowadays. The damages issues have discussed and debated across the practitioners in these patent fields in the United States. For recent years, the reasonable royalties have become the most frequent measure of damages awarded in patent cases overtaking lost profits, and the legislation may inject some balance into the entire market-value rule, cutting back on the recent expansion of the rule. A consistently over-broad application of the entire market-value rule might threaten to chill innovation for those seeking to design, manufacture and sell products, or invest in such endeavors. And some report clearly showed that the damages law was out of control because the courts, were misapplying the law . For Taiwan high-tech companies, in the majority, are in the business to manufacture, sell or offer to sell the products involved the sub-systems, components. While they get the lawsuit of the patent cases in the United States, the highly uncertainty of the patent litigation would be occurred and the monetary risk will be explored at a high stake to threaten their regular business. It is important to figure out the future development of the damage law in the United States, especially, how the courts apply the entire market value rule in the patent cases.