SUPREME COURT TO REVIEW STANDARD FOR ENHANCED DAMAGES

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.