InterDigital Inc (IDCC)

[laranger]

Red. From Brokentrade's post on RB on October 15, 2002:

>>>>>>>>>>>>>>>>>>>


From: Proving Patent Infringement Damages

R. Scott Tewes
Michael K. Dixon

National CLE Conference: Intellectual Property Law, January 10-15, 2000


3. Infringer's Ability to Pay Enhanced Damages

Because of the punitive nature of an award of increased damages, a court can consider the financial condition of a willful infringer when determining the extent of any increase. 244.

The increase in damages should not unduly prejudice the infringer's non-infringing business.245 However, the stronger an infringer is financially, the more the court will increase damages to more effectively punish the willful infringer.