S. 1145 would also have clearly defined situations in which defendants would be liable
for willful infringement, which can result in treble damages for the losing party.
[2] It should also be noted that the Federal Circuit has ruled similarly on the issue of enhanced damages
for willful infringement — that a reasonable belief that a patent is invalid prevents the satisfaction of the first, objective recklessness prong under Seagate (497 F. 3d 1360 (Fed.
So I read with interest the statement it issued after it was ordered to pay $ 532.9 million to Smartflash LLC
for willful infringement of three U.S. patents.
Not exact matches
If a jury finds
willful infringement then that award can be increased up to $ 150,000, which is what he put in his complaint
for one work that was infringed.
If both sides, through their eyes and their people's eyes, have concluded that the plaintiff is absolutely going to win this case, and the plaintiff is going to get a lot of money because they're totally on board with everything that has been presented, then that might be a good reason
for the defendant to agree to a settlement with the plaintiff
for less money than the potential exposure if the jury comes back and finds
willful infringement.
Harper Seeks Injunction in Dispute with Open Road — HarperCollins has just upped the ante in their lawsuit against Open Road, filing
for a permanent injunction to block the publication of the digital version of Julie of the Wolves, as well as monetary damages
for «
willful infringement» of HarperCollins» alleged... more >
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.
In a unanimous opinion, the U.S. Supreme Court rejected the prevailing Seagate test
for finding
willful infringement in patent cases — a finding
for which a «court may increase the damages up to three times the amount found or assessed» pursuant to 35 U.S.C. § 284.
For illegally under - paying songwriters while handing «outrageous annual salaries to its executives,» Wixen is seeking statutory damages in excess of $ 1.6 bn — or $ 150,000 per song — for «willful copyright infringement&raqu
For illegally under - paying songwriters while handing «outrageous annual salaries to its executives,» Wixen is seeking statutory damages in excess of $ 1.6 bn — or $ 150,000 per song —
for «willful copyright infringement&raqu
for «
willful copyright
infringement».
As a result of that case, enhanced damages are now only available
for willful patent
infringement that is at least «objectively reckless.»