In Halo Elecs., Inc. v. Pulse Elecs., Inc., Appeal Nos. 2013-1472, -1656, on remand from the Supreme Court, the Federal Circuit vacated the district court’s judgment of no willful infringement and remanded so that the court could reconsider its decision not to enhance damages. In remanding the case to the district court, the Federal Circuit instructed the district court to take the jury’s unchallenged finding of subjective willfulness into account as “one factor in its analysis” for enhancing damages under § 284. The Federal Circuit’s subtle choice of words may suggest that willful infringement is not a predicate to a finding of enhanced damages, leaving possible that enhanced damages may be levied even in the absence of a finding of willful infringement.