US High Court Restores Treble Damages For Patent Infringement
Pulse Electronics was guilty of patent infringement. That had been decided long ago. The only remaining issue was how much Pulse must pay for its wrongdoing. The company could be liable for treble damages, provided its infringement was willful. Fortunately for Pulse, willful infringement was almost impossible to prove, thanks to a standard established by the Federal Circuit. Unfortunately for Pulse, its lawsuit reached the US Supreme Court. And in its recent ruling on the case, the high court threw out the Federal Circuit’s standard, making it far easier to prove willful infringement. The decision is likely to have an important impact on patent litigation, the courts, and companies doing business in the US.
