U.S. Supreme Court,
Civil Litigation,
Intellectual Property
Dec. 24, 2018
Willful Infringement and enhanced damages, post-Halo
Though courts have tried to make it easier for accused infringers to predict their liability exposure by articulating specific standards, it seems that we always end up right back where we started: Whether to allow or deny enhanced damages is within courts’ discretion based on the circumstances of each case.
Brian P. Biddinger
Partner
Quinn, Emanuel, Urquhart & Sullivan LLP
Courts and patent practitioners alike have long wrestled with the question of what conduct constitutes willful infringement or justifies enhanced damages. The patent damages statute, 35 U.S.C. Section 284, does not articulat...
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