Halo Electronics, Inc. v. Pulse Electronics, Inc. and Stryker Corp. v. Zimmer, Inc.(U.S. Supreme Court)

Section 284 of the Patent Act allows a court to enhance a plaintiff’s damages for patent infringement “up to three times the amount found or assessed.” The Federal Circuit permits an award of enhanced damages only where the defendant’s conduct was both objectively and subjectively wrongful. On behalf of BSA | The Software Alliance, we filed an amicus brief arguing that this standard is correct: enhanced damages should be available only if (1) the defendant actually knew it was engaging in infringement, and (2) the defendant’s actions were objectively unreasonable.



Amicus Brief