Akin Gump Intellectual Property Attorneys Discuss Patent Case Damages Awards

Steven Maslowski and Rubén Muñoz, partner and counsel, respectively, in Akin Gump’s intellectual property practice, write about the rules governing damages awards in patent cases in an article that was published by Today’s General Counsel.

Maslowski and Muñoz note that damages awards are governed by a federal statute, which “does little more than set a lower boundary of no less than ‘a reasonable royalty of the use made of the invention by the infringer.’” In the end, however, they suggest that a patent holder’s desire to go after the biggest damages award possible must be weighed “against the risk of any such award collapsing because it runs afoul of the relevant legal principles.”