On October 19, 2015, the United States Supreme Court granted cert. in two cases on Federal Circuit's standard for enhanced damages for willful infringement. Stryker Corp. v. Zimmer, No. 14-1520, and Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513. The questions presented in the two cases are: (1) whether the Federal Circuit erred by applying a rigid, two-part test for enhancing patent infringement damages under 35 USC 284 that is the same as the rejected test in Octane Fitness; (2) has the Federal Circuit improperly abrogated the plain meaning of 35 USC 284 by forbidding any award of enhanced damages unless there is a finding of willfulness; and (3) does a district court have discretion under 35 USC 284 to award enhanced damages where an infringer intentionally copied a direct competitor's patent invention, knew the invention was covered by multiple patents, and made no attempt to avoid infringing the patents.
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