Innovention v. MGA is a nonprecedential case decided on August 5, 2016 on appeal from the Eastern District of Louisiana. There, the district court, after a jury trial finding willfulness, awarded enhanced damages (on Seagate’s clear and convincing standard for willfulness) and attorney fees for defendant MGA’s infringement. The Federal Circuit reversed the willfulness finding, the enhancement of damages, and the attorney fees (which rested partly on the willfulness finding). The Supreme Court in Halo vacated the Federal Circuit’s decision and remanded the case in light of Halo’s new willfulness standard. The Federal Circuit thus decided the case on remand.
In light of Halo, the Federal Circuit vacated the district court’s award of enhanced damages and fees, and remanded the case.
The Federal Circuit clarified that a finding of subjective willful misconduct is a jury question even under Halo. The Court continued, willful misconduct (as the jury found) “is a sufficient predicate, under Halo, to allow the district court to exercise its discretion to decide whether punishment is warranted in the form of enhanced damages.” Because of the jury finding of subjective willful misconduct, the district court will, on remand, exercise its discretion under Halo and decide, emphasizing egregiousness, whether enhanced damages are warranted.
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