Max'is Creations (represented by SRIPLAW) is again asking for trebled § 289 damages in a #ScheduleA case, and a magistrate judge has recommended awarding them:
In support of this recommendation, the magistrate relies on a decision in an earlier Max'is case, No. 1:21-cv-22920, 2022 WL 104216, at *9 (S.D. Fla. Jan. 11, 2022).
But that decision is contrary to settled Federal Circuit precedent AND is not supported by the SDNY case Max'is cites.
![“Plaintiff elects to recover a statutory damages award of $250 for each design patent infringement claim, and requests the Court treble the damages to $750 for each infringement.” [ECF No. 74, p. 20]. In Max'is Creations, Inc., this Court awarded the same Plaintiff $750.00 per infringement, noting that “[t]his award [was] within the statutory range for a willful violation, and [was] sufficient to compensate Plaintiff, punish the [d]efendants, and deter [d]efendants and others from continuing to infringe Plaintiff[’s] design patents.” 2022 WL 104216, at *9. Similarly here, the Undersigned respectfully recommends that the Court award Plaintiff the requested $750.00 per infringed design patent, as listed in Plaintiff’s amended damages table [ECF No. 84-1].](https://files.mastodon.social/media_attachments/files/111/410/515/728/187/262/original/760613a8b701dbd5.jpg)