Law360, New York (August 21, 2007, 12:00 AM EDT) -- Continuing the trend of the Supreme Court and tacitly acknowledging the mood of Congress, the en banc Federal Circuit unanimously added its own push to the anti-patentee pendulum by severely limiting patent owners from obtaining enhanced damages for willful infringement. In re Seagate Tech., Misc. No. 830 (Fed. Cir. August 20, 2007).
As a result of the decision, infringing companies have a significantly lower risk of paying enhanced damages, which could be up to three times actual damages.
Before the Seagate decision, enhanced damages were sought...
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