Thanks for that. I actually spent some time searching for an article that would tell me the percentage of time that treble damages were awarded and I couldn't find one, but I found a couple that said the new "enhanced" damages rules would further reduce the concept of adding damages for willful infringement. I am happy to hear that this didn't turn out to be true. With that said, I still believe in the preponderance of the cases it is just another factor to calculate into the negotiation, but it sure can't hurt to increase the potential settlement.
Drumming, On the contrary, Treble damages has been made easier to award by a ruling from Chief Justice John Roberts at the SCOTUS: he eliminated the onerous job of proving infringement by the plaintiff. It is much easier to show with a simpler argument. More details later. Willfulness is what we should work towards.
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