Integrated Global Concepts, Inc. v. j2 Global, Inc., No. c-12-03434-RMW, 2013 WL 3297108 (N.D. Cal. June 28, 2013).
Integrated Global confirms (1) punitive damages are not available in infringement cases, and (2) “boilerplate” clauses can become a problem.
Plaintiff filed for infringement, seeking “punitive damages in an amount to be determined at trial,” apparently separate from its §285 request. Id. at *2, *5.
Defendant moved to dismiss, arguing tort damages are not authorized by patent law which provides specific remedies for deterring unreasonable and egregious conduct (§§ 284, 285). The court granted the motion, dismissing the claim for punitive damages when Plaintiff failed to provide any legal authority to support punitive damages in an infringement case. Id. at *5.