How to escape triple damages in the US

Emma Barraclough, Beijing


“Know your enemies and know yourself”. That’s a traditional Chinese saying that sounds like good advice. But one Chinese company that put it in into action found itself in deep legal trouble

In a session on litigation in the US during today’s China-International IP Forum in Beijing, Michael Heafey of Orrick explained why it is so important for businesses not to be seen to infringe a patent once they have been put on notice of a rival’s IP rights.

“Damages may be enhanced three times for a number of different reasons, including that the defendant knew of the patent...



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