Tom Cotter
Taft Stettinius & Hollister Professor of Law
Associate Dean for Research & Planning

Bloomberg Law Quotes Prof. Tom Cotter on Enhanced Damages

An April 27, 2022 Bloomberg Law story titled Paying More in Patent Damages a Puzzle Ready for High Court discusses a pending certiorari petition in which Comcast and Cisco ask the U.S. Supreme Court to clarify whether awards of enhanced damages for patent infringement require a showing of "egregious" infringement.  The article also discusses other questions, which have divided the lower courts, surrounding the standards for such awards following the Supreme Court's 2016 decision in Halo Electronics, Inc.  v. Pulse Electronics, Inc.  The article quotes Professor Tom Cotter, who states among other things that “It would be helpful to have some further guidance at this point,” and notes that another divisive issue has been "whether willful blindness or something short of literal intent to infringe can substitute for intentional, willful infringement."