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Full-Text Articles in Law
Reconstruction Of The Reasonable Person Standard Under Chinese Patent Law, Weihong Yao, Robert H. Hu
Reconstruction Of The Reasonable Person Standard Under Chinese Patent Law, Weihong Yao, Robert H. Hu
Marquette Intellectual Property & Innovation Law Review
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Determining Enhanced Damages After Halo Electronics: Still A Struggle?, Veronica Corcoran
Determining Enhanced Damages After Halo Electronics: Still A Struggle?, Veronica Corcoran
Marquette Intellectual Property Law Review
35 U.S.C. § 284 of the Patent Act allows district courts to use their discretion to award enhanced damages up to three times the amount found or assessed in the case of patent infringement. This Comment will consider how the Supreme court of the United States’ holding in Halo Electronics, Inc. v. Pulse electronics, Inc. changed the landscape of enhanced damages awards in light of willful infringement.
First, this Comment will examine the Federal Circuit’s approach that now embraces both an objective and subjective inquiry in determining enhanced damages, which may resolve the concern over the rigidity in the Seagate …