Patent Case Watch

Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

Weekly Digest

Willfulness

Willful infringement can support enhanced damages of up to three times the amount found or assessed. Under Halo the inquiry is not governed by a rigid test: the question is whether the infringer's conduct was egregious - wanton, malicious, or characteristic of a pirate - and the decision to enhance is committed to the district court's discretion. Willfulness itself is a question of the infringer's subjective knowledge and intent at the time of the challenged conduct, which makes notice of the patent and any opinion of counsel central to the dispute. The opinions here address the sufficiency of willfulness allegations, the evidence needed to submit the question to a jury, and enhancement after a verdict.

201 opinions and orders, showing 1–200.