Published: 9/7/16
Publication: Essential Patent Blog
“Judge Gilstrap recently denied accused infringer LG’s motion for summary judgment that alleged standard essential patents (“SEPs”) were not willfully infringed, letting that issue go to the jury; if the jury finds willful infringement, then the court may decide whether and to what extent to enhance damages based on such willful infringement. An important procedural point is that Judge Gilstrap did not rule that there was willful infringement in this case; rather, under the permissive summary judgment standard, he ruled that there was sufficient evidence to let the jury decide the issue. He did rule as a matter of law, however, that there is no special rule for SEPs that precludes finding willful infringement or enhancing damages, and he left the door open to consider policy arguments about SEPs subject to FRAND commitments when exercising discretion whether to enhance damages.” – [READ MORE]