Abstract
This Note provides a history of enhanced damages leading to the enactment of 35 U.S.C. § 284, including an overly complex judicial doctrine for the application of the statutory grant of enhanced damages, and finishes with an explanation of why this doctrine should not include a requirement for a finding of willfulness. Part II covers the initial history and development of the doctrine of enhanced damages, including the statutory framework and the courts’ interpretation of that framework. Part III reviews two recent cases that drastically changed the award of enhanced damages. Finally, Part IV expands on both the history and recent decisions while explaining that a finding of willfulness should not be a prerequisite for a court to exercise its statutory discretion to enhance damages.
Recommended Citation
Daniel Fanning,
Enhanced Damages: Historically, Recently, and Why Willfulness is not a Prerequisite,
42
S. Ill. U. L.J.
477
(2018).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol42/iss3/4