Objectively Reasonable Defense Precludes Enhanced Patent Damages

In the non-precedential opinion in Lee v. Mike's Novelties, Inc., the Federal Circuit affirmed the district court's judgment of infringement and no invalidity, but reversed the finding of willful infringement. In so doing, the court provides a summary of the black letter law on enhanced patent damages.

The Patent at Issue

The patent at issue was Lee's U.S. 6,418,936, directed to a "a metal tobacco pipe designed to resemble Colt Six Shooter pistol." The Federal Circuit cited claim 1 as representative:

A metal tobacco pipe in its assembly comprising a manifold . . .
a stem . . .
a turret having a plurality of magazines rotatably mounted on said manifold . . .
. . .
whereby any one of said magazines . . . provides for inhalation of tobacco smoke through . . . said stem wherein said turret is of heavier weight than the weight of said manifold, such that said turret remains in a stationary [position] upon said manifold in any particular relative rotation between