After a jury verdict of willful infringement, almost $6,000,000 in patent-related damages, and a Chapter 7 bankruptcy, Judge Freeman increased WOSS’s legal troubles by granting TRX’s motions for enhanced damages and attorneys’ fees.
Enhanced Damages. Judge Freeman first granted TRX’s request for enhanced damages under 35 U.S.C. § 284 given its egregious behavior. In making her determination, Judge Freeman considered the Read factors and WOSS’s subjective intent.
At trial, the jury found that WOSS willfully infringed US Patent No. 7,044,896 (“the ’896 patent”). Central to Judge Freeman’s decision to enhance damages was WOSS’ intent at the time of infringement. At trial, WOSS’s founder, Mr. Ott, testified that he did not think WOSS’s band (left) infringed the ’896 patent (right):