Stryker-Zimmer Case Sets Up Tech Industry, Government Clash On Patent Damages Issue
This article was originally published in The Gray Sheet
In a case going before the Supreme Court in less than three weeks, Stryker is asking the court to broaden the circumstances under which patent damages may be tripled, a position the Obama administration appears to support but one that is getting pushback from tech firms, and at least one device-maker, Medtronic.
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The court’s ruling likely expands the circumstances under which patent-holders may be awarded enhanced damages by eliminating a strict test that had been imposed by the Federal Circuit.
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The Justices were asked to review a Federal Circuit policy that limits the circumstances in which enhanced damages can be awarded in patent infringement cases for willful infringement.