Question

What’s the standard for proving willful infringement, leading to enhanced damages?

a) Preponderance of the evidence.
b) Beyond a reasonable doubt.
c) Clear and convincing evidence.
d) Strict liability.

Answer 1

The standard for proving willful infringement, leading to enhanced damages, is clear and convincing evidence.

Step-by-step explanation:

The standard for proving willful infringement, leading to enhanced damages, is clear and convincing evidence.

In civil cases, the plaintiff must prove the case beyond a preponderance of the evidence. However, in criminal cases, the state must prove its case beyond a reasonable doubt.

In the context of willful infringement, the plaintiff must provide clear and convincing evidence that the defendant knowingly and intentionally infringed upon their intellectual property rights. This higher standard requires a greater level of certainty than the preponderance of the evidence standard used in civil cases.