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marjolein

12/07/06 1:27 PM

#3865 RE: elmono #3864

Generally, punitive damages, which are termed exemplary damages in the United Kingdom, are damages not awarded in order to compensate the plaintiff, but in order to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff. Punitive damages are awarded only in special cases where conduct was egregiously invidious, and are over and above the amount of compensatory damages. Great judicial restraint is expected to be exercised in their application. In the United States punitive damages awards are subject to the limitations imposed by the due process of law clauses of the Fifth and Fourteenth Amendments to the United States Constitution.

I understand from this that it is not very common to award punitive damages and in this case,where willfull infringement was only for one patent,it seems a little unlikely to me.
I also read somewhere else thst only a jury can decide on the amount of punitive damages.Please correct me if I'm wrong.