Law360 (January 3, 2011, 4:22 PM EST) -- Patent infringement lawsuits are often a major concern for defendants, primarily due to the potential for damage awards that are often some of the highest in private litigation. As if this were not enough cause for concern, a court may increase a damage award up to three times upon a finding that the asserted patent was willfully infringed. Due to the potential for recovery of treble damages, it is highly likely that a defendant facing an allegation of patent infringement will also be facing an allegation that the infringement was willful. Thus, it is particularly important to be aware of the factors a court will consider in addressing a claim of willful infringement. One of these factors is a defendant's "actual notice" of an asserted patent....