Halo left enhancement to district court discretion for egregious conduct, eliminating the rigid Seagate framework. A willfulness finding does not compel enhancement, and the Read factors guide the discretionary decision.
Preponderance is the applicable standard.
Alternative Names:
Increased Damages|Section 284 Enhancement
Why it Matters?
Willfulness and enhancement are separate determinations, which means a jury finding of willfulness does not require the court to enhance, and arguing the Read factors including closeness of the case, litigation conduct, and remedial action taken can defeat enhancement despite an adverse willfulness verdict. Design-around efforts and prompt investigation after notice are the most persuasive mitigating facts.
Frequently Confused with
Related terms
Frequently asked questions
Does willfulness compel enhancement?
What mitigating facts are persuasive?
