Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Law
A Mountain State Transformation: West Virginia's Move Into The Mainstream, Cary Silverman, Richard R. Heath Jr.
A Mountain State Transformation: West Virginia's Move Into The Mainstream, Cary Silverman, Richard R. Heath Jr.
West Virginia Law Review
No abstract provided.
Who Determines What Is Egregious? Judge Or Jury: Enhanced Damages After Halo V. Pulse, Brandon M. Reed
Who Determines What Is Egregious? Judge Or Jury: Enhanced Damages After Halo V. Pulse, Brandon M. Reed
Georgia State University Law Review
Enhanced damages in patent law are a type of punitive damage that can be awarded in the case of “egregious misconduct” during the course of patent infringement. Authorization for enhanced damages comes from 35 U.S.C. § 284, which allows the district court to increase total damages up to three times the amount of actual damages found by the jury. It is well understood that, since enhanced damages are punitive in nature, enhancement should only be considered for cases of “wanton” or “deliberate” infringement. However, determining what constitutes this “egregious” misconduct has vastly transformed over time to include a negligence standard, …
How Should Damages Be Calculated For Design Patent Infringement?, Mark D. Janis
How Should Damages Be Calculated For Design Patent Infringement?, Mark D. Janis
Articles by Maurer Faculty
No abstract provided.
Casting Aspersions In Patent Trials, Daniel Harris Brean, Bryan P. Clark
Casting Aspersions In Patent Trials, Daniel Harris Brean, Bryan P. Clark
Daniel Harris Brean