PANDUIT TEST

Panduit test.Patents. A four-factor test for measuring profits lost because of patent infringement. • The patentee must prove (1) that there was a demand for the product; (2) that the patentee had the manufacturing and marketing capacity to meet that demand; (3) that there were no acceptable noninfringing alternatives on the market; and (4) how much was lost in profits. Panduit Corp. v. Stahlin Bros. Fibre Works, Inc., 575 F.2d 1152 (6th Cir. 1978). [Cases: Patents  318. C.J.S. Patents §§ 561–562.]

[Blacks Law 8th]