"What is the Proper Standard for Enhancing Patent Damages Under Section 284 of the Patent Act?" ABA Preview

February 22, 2016

In an article published by ABA Preview on February 22, 2016, Coby S. Nixon analyzes the issues and arguments before the U.S. Supreme Court in a consolidated patent case set for oral argument on February 23, 2016. The case is styled Halo Electronics, Inc. v. Pulse Electronics, Inc., et al. and Stryker Corp., et al. v. Zimmer, Inc., et al., and concerns the proper standard for enhancing patent damages under Section 284 of the Patent Act. Section 284 provides that upon finding for the claimant, the district court shall award damages adequate to compensate for the infringement and “may increase the damages up to three times the amount found or assessed.” The article discusses the parties’ and amici curiae’s chief arguments as to the proper enhancement standard and explains how the Court’s ruling will have important implications for anyone having an interest in the U.S. patent system. Mr. Nixon explains, “In sum, the patent community is closely following this case and the outcome, regardless of what standards the Court adopts, will likely impact the way patent cases are brought, litigated, settled and decided going forward.” View the full article.

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