Under 35 U.S.C. § 284, a patent owner is entitled to either a reasonable royalty or lost profits that result from infringement of his patent. If an infringer is found to have willfully infringed a patent, then punitive damages of up three times the actual damages can be assessed. This alert discusses the test of willfulness in light of this recent ruling by the Federal Circuit.
To read this alert in English, please click here.
To read this alert in Japanese, please click here.