Amarin Corp Plc (AMRN)

[HDGabor]

I argue that merely knowing their product is being used to violate the patent, is prima facie evidence of infringement.

Discuss it with the Courts (inc. SC) ...

Knowledge of the patent alleged to be willfully infringed is a prerequisite for enhanced damages. But willful misconduct does not mean that a court may award enhanced damages simply because the evidence shows that the infringer knew about the patent and nothing more. Instead, the Supreme Court’s Halo decision has been interpreted as requiring — at a minimum — knowledge of infringement and the circumstance that transforms simple knowledge into such egregious behavior that warrants punishment.