A Unified Theory of Convoy Goods

Patent damages jurisprudence continues to struggle with how to treat the sales of noninfringing goods. When such goods have nothing to do with the patent, the answer is easy -- no damages. But when the goods are sold along with patented goods (so-called convoy goods), then courts and commentators are all over the place. The confusion is even worse because most discussion fails to consider whether and how convoy goods should affect lost profits versus reasonable royalty analysis. This commentary provides a general definition of convoy goods and provides a unified theory about how to treat them in both lost profits and reasonable royalties patent damages - when they should count and when they shouldn't.

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Publication Details

Published
2026-07-24
DOI
https://doi.org/10.31219/osf.io/s26dk_v1
Primary Topic
Law, Economics, and Judicial Systems
Type
preprint
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preprint

A Unified Theory of Convoy Goods

Michael Risch
Law, Economics, and Judicial Systems
preprint

A Unified Theory of Convoy Goods

Michael Risch
preprint en

Abstract

Patent damages jurisprudence continues to struggle with how to treat the sales of noninfringing goods. When such goods have nothing to do with the patent, the answer is easy -- no damages. But when the goods are sold along with patented goods (so-called convoy goods), then courts and commentators are all over the place. The confusion is even worse because most discussion fails to consider whether and how convoy goods should affect lost profits versus reasonable royalty analysis. This commentary provides a general definition of convoy goods and provides a unified theory about how to treat them in both lost profits and reasonable royalties patent damages - when they should count and when they shouldn't.

Villanova University (US)
Peace, Justice and strong institutions
Law, Economics, and Judicial Systems
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A Unified Theory of Convoy Goods — Michael Risch · (2026) | TGRS Research Map | TGRS