What is enhanced damages, and how do I reduce that risk?

What does Halo require?

Halo Electronics v. Pulse Electronics explains that enhancement is generally reserved for egregious infringement misconduct, rather than an ordinary infringement case. The court considers the circumstances and the conduct at the time. Even a finding of culpable conduct does not make enhancement automatic.

Does every patent notice require a legal opinion?

No. Section 298 says that failure to obtain advice of counsel, or failure to present it at trial, may not be used to prove willful infringement or intent to induce infringement. That rule should not be rewritten as a duty to buy an opinion whenever a letter arrives.

What is a useful response process?

Give counsel the notice and product facts, preserve relevant records, and assess the actual accusation. Keep an accurate record of decisions and product changes. Those are practical steps for understanding and responding to risk, not a checklist that guarantees protection from an enhanced-damages award.