![]() Over time, this duty of due care standard focused on the egregiousness of the defendant’s conduct based on all the facts and circumstances, such as in Read Corp. a potential infringer has actual notice of another’s patent rights, he has an affirmative duty to exercise due care to determine whether or not he is infringing.” Underwater Devices Inc. Shortly after the creation of the Federal Circuit, the court fashioned a standard for willful infringement: “here. Convertible Top Replacement Co., the Supreme Court described § 284 as providing that “punitive or ‘increased’ damages” could be recovered “in a case of willful or bad-faith infringement.” By abandoning the Seagate Test, the Court has broadened the standard to an inquiry centering on whether the circumstances of a particular case represent an “egregious” example of misconduct that goes “beyond typical infringement.” The new standard emphasizes the subjective state of mind of the accused willful infringer at the time of infringement, removing an objective threshold that had made the issue more amenable to summary judgment during litigation.Įnacted as part of the 1952 codification of the Patent Act, § 284 provides that, in a case of patent infringement, courts “may increase the damages up to three times the amount found or assessed.” In Aro Manufacturing Co. § 284, as required by the 2007 en banc Federal Circuit Court of Appeals decision, In re Seagate Technology. Supreme Court changed the law regarding when enhanced damages should be awarded in patent infringement cases by eliminating the two-part test for determining whether a district court may increase (or decline to increase) damages pursuant to 35 U.S.C. ![]() ![]() Supreme Court Expands Discretion to Award Enhanced Damages for Patent Infringement and Eliminates the Federal Circuit’s ‘Seagate Test’ ![]()
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