Page 133 - Intellectual Property Disputes

patent infringer, intentional or knowing, may warrant enhanced damages, without regard to whether its
infringement was objectively reckless." fn 107 Further, willfulness need only be shown by a
preponderance of the evidence, not by clear and convincing evidence. fn 108 The court further held that
even if the evidence supported a finding of willfulness, the district court should consider "[w]hether the
conduct is sufficiently egregious as to warrant enhancement and the amount of the enhancement that is
appropriate." fn 109 Awards for enhanced damages "are not to be meted out in a typical infringement case,
but are instead designed as a ‘punitive’ or ‘vindictive’ sanction for egregious infringement behavior. fn
110

fn 107 Id. at 1933.

fn 108 Id. at 1934.

fn 109 Id. at 1933.

fn 110 Id. at 1932.

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