SCOTUS Warm To Boosted Patent Damages

The Supreme Court this week signaled a willingness to relax the standard for enhanced damages in patent cases. In a lawsuit brought by Stryker Corp and Halo Electronics Inc., both of which won infringement lawsuits against competitors, the companies said they should have been allowed to claim enhanced damages, as the infringement was willful. Stryker and Halo said the standard is too rigid, a sentiment Chief Justice John Roberts seemed to agree with; he called the test “surprising,” and said “courts have been used to dealing with discretionary standards for a long time.” Justice Elena Kagan said the existing standard may serve as an incentive for infringement, as it gives willful violators the chance to escape liability.