Enhanced Damages

Definition

Enhanced damages are an increase in the damages award, up to three times the amount, that a court may grant when infringement is found to be willful.

Why It Matters Legally

The possibility of tripled damages makes ignoring known patents extremely risky. The threat of enhanced damages strongly influences how companies respond to demand letters and litigation.

Example Use Case

Because the infringer deliberately copied the patented design after being warned, the court triples the damages award.

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Related Terms

Willful Infringement, Damages, Reasonable Royalty, Lost Profits, Patent Litigation