Reasonable Royalty and 'Adequate' Compensation for Patent Infringement: Italian Supreme Court, No.5666/2021

摘要

With decision No.5666/2021, Italian Supreme Court (Corte di Cassazione) rules again on damages suffered by an IPR owner in a case of patent infringement. The topic has gained importance in the last 10 years and it has become a key aspect in Italian IPRs disputes. The court stated the judge shall not set damages imposing a "reasonable royalty" rate when the IPR holder has offered the chance to estimate its losses referring to a different criterion, such as, in this case, its real lost profits.