High Court Appears Set To Relax Patent Damages Test

Law360, New York (February 23, 2016, 9:34 PM EST) -- The U.S. Supreme Court indicated at arguments Tuesday that it is inclined to discard the Federal Circuit’s strict test for awarding enhanced damages in patent cases, which the justices criticized as “elaborate” and “artificial,” but appeared torn over what the new standard should be.

(Credit: Law360) The Patent Act allows judges to award triple damages in patent cases but provides no specifics about when such awards are appropriate, so the Federal Circuit has set a two-part test patent owners must meet to get enhanced damages. At...
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