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to determine when an infringers misconduct merits the enhancement of damages. The factors include "[W]hether the infringer, when he knew of the others patent protection, investigated the scope of the patent and formed a good-faith belief that it was invalid or that it was not infringed." This is a step that Hims has almost certainly taken, either through its internal legal team or outside legal counsel

The difference may not be huge, but it can matter in performance-critical applications

All of them require accepting the disruption of current revenue models

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