How Email Tracking Helps Willful Patent Infringement Cases

Law360, New York (September 1, 2016, 12:24 PM EDT) -- Recently, in Stryker Corp. v. Zimmer Inc. (together with Halo Electronics Inc. v. Pulse Electronics), the U.S. Supreme Court made it easier for patentees to get a finding of willful infringement. Of course, along with a finding of willful infringement comes up to three times the damages. In Stryker, this took the damages from $76 million to $228 million!

Infringer's Knowledge of a Patent Has Traditionally Been Difficult to Prove

One requirement for a finding of willful infringement is that the defendant had actual knowledge of the infringed patent. Traditionally, this has often been difficult to prove and required large amounts...

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