134.90(4)(a)
(a) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of a violation of sub.
(2) renders a monetary recovery inequitable, a court may award damages to the complainant for a violation of sub.
(2). A court may award damages in addition to, or in lieu of, injunctive relief under sub.
(3). Damages may include both the actual loss caused by the violation and unjust enrichment caused by the violation that is not taken into account in computing actual loss. Damages may be measured exclusively by the imposition of liability for a reasonable royalty for a violation of sub.
(2) if the complainant cannot by any other method of measurement prove an amount of damages which exceeds the reasonable royalty.
134.90(4)(c)
(c) If a claim that sub.
(2) has been violated is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or a violation of sub.
(2) is willful and deliberate, the court may award reasonable attorney fees to the prevailing party.
