Monday, June 13, 2011

Enhanced Damages

SPECTRALYTICS, INC. V. CORDIS CORP.


  • "Seagate removed the presumption of willful infringement flowing from an infringer’s failure to exercise due care to avoid infringement, but Seagate did not change the application of the Read factors with respect to enhancement of damages when willful infringement under §285 is found. We thus vacate the district court’s denial of enhanced damages, and remand to the district court to redetermine whether enhanced damages are warranted under the guidance of Read, 970 F.2d at 826, that the 'paramount determination in deciding to grant enhancement and the amount thereof is the egregiousness of the defendant’s conduct based on all the facts and circumstances.'”