ITT Corp. v. Xylem Group, LLC – When are hypothetical royalty damages reasonable?
Abstract: This brief case study focuses on a recent decision in ITT Corp. v. Xylem Group, LLC, where the court concluded that reasonable royalty damages are available to plaintiffs in trademark infringement cases. It rejected the argument that these damages are available only to plaintiffs that can show an established royalty rate based on an actual license agreement. ITT Corp. v. Xylem Group, LLC, No. 1:11-cv-03669-WSD (N.D. Ga. 08/05/2013)