Enhanced Damages Law and Legal Definition

Enhanced damages means damages awarded at the discretion of the court for patent infringement. It is usually levied in an amount that is up to three times that of compensatory damages. It is generally levied for the egregiousness of the defendant’s conduct, including the willfulness of the infringement. Enhanced damages may be awarded whenever the act or conduct that constitutes a tort is wanton, malicious, or oppressive, the intentional or unintentional nature of the tort alleged being immaterial. In a civil action founded on a tort, nothing but compensatory damages can be awarded, but the injured party is entitled to full compensation for all the injury sustained. In some cases, the material damages may be trivial, and the principal injury is to the wounded feelings from the insult, degradation, and other aggravating circumstances surrounding the act. So, when the act involved is wanton, malicious, or oppressive, the compensatory damages awarded may reflect the aggravating circumstances.[ Minion Inc. v. Burdin, 929 F. Supp. 521 (D.N.H. 1996)]