Enhancement in the United States
Enhancement of Patent Damages
Note: for more information on patent damages law, click here.
This covers:
- Determining the Amount of enhancement
- Appeal and review: Standard of review
- Attorneys (including infringer’s defense, opinion of counsel, and willful infringement)
- Attorneys’ fees (including burden of proof, “exceptional case” standard, expert witness fee as part of attorneys´ fees, fee awards for in-house counsel, “prevailing party” standard, determining “reasonable” fee award, and standard of review)
- Basic damage theories
- Burden of proof (of attorneys’ fees, prejudgment interest, and willful infringement)
- Costs (attorneys’ fees and prejudgment interest)
- Disclaimers: use to preserve right to prejudgment interest
- “Exceptional case” standard (attorneys’ fees)
- Part of attorneys’ fees: Expert witness fee
- Good faith (infringer’s good faith as defense, good faith willful infringement, good faith litigation)
- Justication
- Opinion (infringer’s defense, willful infringement)
- Post-judgment interest
- Prejudgment interest (see below)
- Attorney´s fees ‘‘Prevailing party’’ standard
- Court’s discretion Punitive nature
- Standard of review (attorneys’ fees, prejudgment interest, willful infringement)
- Willful infringement (see below)
Prejudgment interest
- allowable
- awarded absent contrary justication
- burden of proof
- computation base
- use preserve right to disclaimers
- denial discretion of court
- justication
- rate of interest
- proving applicable prejudgment
- interest rate
- standard of review
- statutory basis,
Willful infringement
- Duty of care: attorneys
- Burden of proof
- Copying vs. designing around
- Determining willfulness
- Duty of care generally
- Attorney-client privilege and opinions of counsel
- Competent legal advice
- Reliance on opinions of counsel
- Competent legal advice
- Diligence in obtaining opinion
- Notice of relevant patent rights
- Attorneys opinions
- Good faith litigation
- Duty of care: opinions
- Duty of Care: standard of care
- Standard of review
Concept of Enhancement in Foreign Trade
A definition of Enhancement in relation with foreign trade is provided here: A change or modification to goods that increases their value or improves their condition.
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