29 November 2016PatentsMichael Mutter and Shawn Hamidinia

Halo: a fresh approach to enhanced damages

Enhanced damages for wilful patent infringement have historical roots that span 180 years (the US Patent Act of 1836). In the Patent Act of 1952, Congress enacted §284, which states that courts “may increase the damages up to three times the amount found or assessed”. The plain meaning of §284 provides discretion to district courts to assess up to triple damages. This section also provides that judges “may receive expert testimony as an aid to the determination of damages or of what royalty would be reasonable under the circumstances”.

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