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Home » Supreme Court Shuts Down Appellate Patent Damage Standards
Supreme Court Shuts Down Appellate Patent Damage Standards
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The U.S. Supreme Court has paved the way for the possibility of drugmakers collecting enhanced damages in patent cases, striking down an appellate standard in a unanimous 8-0 decision.
After considering a consolidated case with two claims of patent infringement — one involving medical device makers Stryker and Zimmer and the other involving electronics companies Pulse Electronics and Halo Electronics — the high court nixed a two-part test established by the U.S. Court of Appeals for the Federal Circuit in determining when a district court may increase damages.
Chief Justice John Roberts wrote that the main problem with the appellate court’s two-part test for awarding enhanced damages is the insistence on a finding of “objective recklessness” on the part of the patent infringer.
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