It's funny—for all the massive amounts of time spent litigating willfulness in patent cases, and the big evidentiary impact it can have, we don't get opinions addressing whether the Court will actually enhance damages all that often.
Yesterday, Judge Andrews issued a post-trial opinion addressing enhancement of damages after a willfulness finding. He applied the well-known Read factors to determine whether to enhance damages, noting that they are still persuasive even though they are no longer required after the Supreme Court's more recent Halo opinion.
Here's how the factors panned out, including whether they weighed in favor of or against enhancement of damages
- No copying by the defendant, weighs against
- Willfulness verdict, weighs in favor …
