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.