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Expert Analysis

Does Willful Blindness Beget Enhanced Patent Damages?

By Charlotte Jacobsen, Filko Prugo and Ryan Sullivan ( February 28, 2020, 2:42 PM EST) -- Damages for patent infringement can amount to millions, or even billions, of dollars, and, under Title 35 of U. S. Code Section 284, a district court may further enhance those sums, awarding up to treble damages. After the U. S. Supreme Court's 2016 decision in Halo Electronics Inc. v. Pulse Electronics Inc. ,[1] uncertainty exists as to when and how enhanced damages are to be awarded. . . .

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