Apr. 20, 2022
Pleading willful patent infringement takes different forms in different courts
See more on Pleading willful patent infringement takes different forms in different courts
Pursuant to 35 U.S.C. § 284, a court “may increase” a damages award on a finding of patent infringement “up to three times the amount found or assessed.” The standard for imposing enhanced damages under this section has emerged from case law over the years and historically relates to whether the infringement was found to be willful. In 2016, the Supreme Court dramatically altered the standard for awarding enhanced damages. Since then, district courts across the countr...
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