Fed. Cir. (1998)
A major decision in the law of patent damages. After protracted litigation on a patent relating to maltodextrin food additives, the plaintiff sought an award of lost profits damages approaching $100 million from our client American Maize-Products. The District Court denied this request and awarded reasonable royalty damages of approximately $2.4 million. The Federal Circuit affirmed, holding that the plaintiff could not recover lost profits because a non-infringing alternative was “available” even though it was not actually on the market when the damages period began.