Willful patent infringement can result in enhanced, and in some case treble, damages but not in every instance. Because the standard for finding willful infringement has traditionally been lower than that for enhancing damages, a finding of willful infringement does not guarantee an award of enhanced damages.  However, a 2019 Federal Circuit opinion caused confusion, suggesting the standards were essentially the same.  SRI Int’l, Inc.  v. Cisco Sys., Inc. (“SRI II”) 930 F.3d 1295 (Fed. Cir. 2019).  In SRI Int’l, Inc.  v. Cisco Sys., Inc. (“SRI III”) (Fed. Cir. 2021), the Federal Circuit acknowledged the confusion and clarified these standards.
Continue Reading Federal Circuit Clarifies Standards for Willful Patent Infringement and Enhanced Damages

Last month the District Court for the Central District of California granted the defendant’s motion for summary judgment in the case San Diego Gulls Hockey Club, LLC v ECHL, Inc.. The league’s win resolves the league’s potential indemnity obligation to the hockey team, the Gulls.  This case presents a cautionary story for transactional attorneys.
Continue Reading Gulls Hockey Team Gets Wings Clipped In IP Dispute With Hockey League