Once a person or company is found liable for infringing on another’s patent, damages are awarded against the infringer to compensate the patent holder for any loss caused by the infringement. These damages are known as compensatory damages. Under 35 U.S.C. § 284, the compensatory damages may be enhanced up to three times the compensatory award depending on the nature of the infringement. The trial court judge decides whether to increase compensatory damages. While there is no statutory standard that dictates the circumstances under which damages are enhanced, courts approve such increased awards where the infringer acted in wanton disregard of the patentee’s rights, that is, where the infringement is willful.
