Sentences with phrase «enhanced damage awards»

The Court noted that although enhanced damage awards are discretionary, they must be consistent with a pattern laid out in over 180 years of case law under the Patent Act and earlier statutes.

Although direct patent infringement is a strict liability claim, patent owners frequently seek to establish that the infringement was «willful» in order to qualify for enhanced damage awards.

The decision is likely to make willfulness findings and enhanced damage awards more prevalent, and may have far - reaching implications for both patent owners and companies accused of patent infringement.

It rejected arguments that more enhanced damages awards would tilt the balance to disfavor innovation, concluding:

Not exact matches

Section 284 states only that a court «may» award enhanced damages, using a word that «clearly connotes discretion.»

In the US, the European Union and other jurisdictions, damages in private civil case are frequently enhanced, such as treble damage awards in the US, or made easier to prove.

The award, which includes over $ 1,250,000 in non-economic damages, was enhanced by the jury's finding that the defendants acted recklessly in caring for the deceased woman.

If the claimant ends up at trial having made a good offer, they will see their damages enhanced by 10 % on awards of up to # 500,000.

If the facts and circumstances are there, however, recovery of punitive damages can substantially enhance any award due to an injury victim.

While this may seem like a natural way to enhance the award which an injury victim receives, punitive damages are, in fact, rather rare and only awarded in special cases.

Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14 - 1513 (U.S. Supreme Court June 13, 2016) found that the flexibility in making determinations and the rejection of the clear and convincing standard for fee cases should also guide district judges in their award of enhanced damages under section 284.

In this article published by Law360, Donald Steinberg, Heather Petruzzi and Margareta Sorenson consider district court decisions on enhanced damages issued within the first six months after Halo, particularly focusing on the factors that influence whether enhanced damages are ultimately awarded.

That efficiency is enhanced when most of the retributive damages awards go to the state because plaintiffs don't plan on being victims of punitive damages awards and they, for the most part, have other incentives to pursue compensatory damages.

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