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Jun 13, 2016

Supreme Court Nixes Two-Part Seagate Test for Enhancing Patent Damages and Returns Discretion to District Courts

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On June 13, 2016, the Supreme Court eliminated the rigid test for enhanced damages that the Federal Circuit had erected in In re Seagate Technology LLC. The Supreme Court held that, under 35 U.S.C. 284, district courts have discretion to enhance damages as a sanction for egregious infringement behavior.

View full memo, Supreme Court Nixes Two-Part Seagate Test for Enhancing Patent Damages and Returns Discretion to District Courts

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Mark Hannemann

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Thomas R. Makin

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Matthew Berkowitz

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Patrick Colsher

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Eric Lucas

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