Halo: Changes Regarding Enhanced Damages

Executive Summary: The Patent Act authorizes the district court to enhance the damages award by up to three times when patent infringement is found to be willful. The Supreme Court’s decision in Halo lowered the legal threshold for willfulness thereby making it easier for patent owners to obtain an award for enhanced damages. To avoid an award of enhanced damages due to willful infringement, accused infringers should now give greater consideration to obtaining a non-infringement and/or invalidity decision relatively soon after Continue reading “Halo: Changes Regarding Enhanced Damages”