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patent again in 2003, and implemented the infringing custom XML editor with the

purpose of rendering i4i’s products obsolete. Although statutorily authorized to increase

the award to $600 million, the district court awarded only $40 million in enhanced

damages. See 35 U.S.C. § 284.

On this record, we cannot conclude that the district court abused its discretion in

weighing

the

evidence

or

applying

the

Read

factors.

See

Amsted

Indus.,

Inc.

v.

Buckeye Steel Castings Co., 24 F.3d 178, 184 (Fed. Cir. 1994). The district court made

detailed factual findings which, taken together, support its award of enhanced damages.

See Jurgens v. CBK, Ltd., 80 F.3d 1566, 1570-71 (Fed. Cir. 1996). In deciding whether

to enhance damages, the district court properly declined to reapply the test for

willfulness set out in Seagate, 497 F.3d 1360. Although a finding of willfulness is a

prerequisite for enhancing damages under § 284, the standard for deciding whether—

and by how much—to enhance damages is set forth in Read, not Seagate. See 35

U.S.C. § 284; SRI Int’l, Inc. v. Advanced Tech. Labs., Inc., 127 F.3d 1462, 1468-69

(Fed. Cir. 1997); cf. Seagate, 497 F.3d at 1371. Here, the question of willfulness was

submitted to the jury. Microsoft does not dispute that the jury instructions were proper

under Seagate, 497 F.3d at 1371. The test for willfulness is distinct and separate from

the factors guiding a district court’s discretion regarding enhanced damages. Compare

id., with Read, 970 F.2d at 826-27. Under the Read factors, the district court properly

considered Microsoft’s size and financial condition, as well as whether Microsoft

investigated

the

scope

of

the

patent.

Id.

at

827;

see

also

Transclean

Corp.

v.

Bridgewood Servs., Inc., 290 F.3d 1364, 1377-78 (Fed. Cir. 2002).

2009-1504

40

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