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The increased risk of meaningful enhanced damages should ultimately reduce the incidence of willful infringement as potential defendants implement appropriate safeguards against copying or arrogantly ignoring the rights of patent owners. Achieving a proper balance, while not easy, should remain an important goal for our patent system.
On a sunny February afternoon in San Jose, Calif., a jury of seven completed its deliberations and rendered its verdict in a patent dispute. The patentee prevailed, but the damage award was a relatively paltry $278,000—significantly less than what had been requested by the plaintiff. Microsoft v. Corel, No. 5:15-CV-05836-EJD, ECF