Perspective
Oct. 24, 2015
When can courts enhance patent damages?
The Supreme Court has decided to review the standard for determining willfulllness and enhancing damages in patent cases. By Ben M. Davidson
Ben M. Davidson
Founder
Davidson Law Group ALC
Intellectual Property
Phone: (310) 473-2300
Email: Ben@dlgla.com
George Washington Univ Law School
Ben is a former patent examiner and represents corporations in intellectual property litigation and proceedings before the U. S. Patent & Trademark Office.
On Monday, the U.S. Supreme Court decided to review the standard for determining willfulness and enhancing damages in patent cases. The court granted certiorari in a pair of cases in which enhanced damages were rejected by the U.S. Court of Appeals for the Federal Circuit, despite determinations by both the juries and district court judges that the defendants had willfully infringed the plaintiff's patents.
At issue is a ...
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