Article
Delaware District Court Clarifies That Enhanced Damages Are A Form Of Relief, Not A Claim That Can Be Dismissed On A Motion Under Rule 12(b)(6)
The District of Delaware recently denied a defendant's motion to dismiss plaintiff's demand for enhanced damages based on willful infringement pursuant to 35 U.S.C. § 284, explaining that neither a demand for damages under § 284 nor an accusation of willful infringement amount to a claim for relief that can be subject to dismissal under Rule 12(b)(6)...
Akin Gump Strauss Hauer & Feld LLP