Choose Your Damages Theory Carefully

Companies pursuing a patent infringement lawsuit may be tempted to push the boundaries of the “entire market value rule,” which permits recovery on sales of the accused product only if the component at issue drove sales of the entire product. But don’t overreach, warn Akin Gump attorneys Steven Maslowski and Ruben Munoz. The potential recovery is high, but so is the amount of time and expense required to make the case, and appellate courts are likely to give the determination a close look.