Assume that to use a patent you pay a licensing fee. Assume that the licensing fee is a percentage of the selling price for the product (because only a fool is

Assume that to use a patent you pay a licensing fee. Assume that the licensing fee is a percentage of the selling price for the product (because only a fool is paid a percentage of profit.) Assume that someone does not license your patent, and uses it anyway. Why shouldn't the penalty be based on the licensing fee that was avoided? Is 0.5% really that outside the range of valid licensing fees?