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Expert Analysis

Allegation Of Willful Infringement May Get Its Bite Back

Law360, New York (October 26, 2015, 11:25 AM EDT) -- An allegation of willful patent infringement once caused chills to travel down the spine of accused infringers, as Section 284 of the Patent Act allows patent holders the ability to seek the trebling of compensatory damage awards upon showing that the accused infringement was performed willfully. Although the level of these enhanced damages has always been left to the courts, the question of whether an accused infringer committed its actions in a "willful" manner was originally a factual inquiry determined solely by the jury, and one that district courts were hesitant to take away from a jury....

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