4 Factors Influencing Enhanced Damages After Halo

Law360, New York (January 17, 2017, 2:12 PM EST) -- Donald R. Steinberg

Heather M. Petruzzi

Margareta K. Sorenson This article considers district court decisions on enhanced damages issued within the first six months after Halo, particularly focusing on the factors that influence whether enhanced damages are ultimately awarded. (The next article in this two-part series analyzes how district courts have addressed the sufficiency of pleading enhanced damages after Halo at the motion-to-dismiss stage.)

The U.S. Supreme Court in Halo[1] rejected Seagate’s requirement for “objective recklessness” as a prerequisite for willful infringement and enhanced damages under § 284,[2] explaining that this requirement allowed the most culpable offenders to avoid punishment.[3] Rather, the court...

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