Court of Appeals for the Federal Circuit December 6, 2012, 2011-1219 (Highmark, Inc. v. Allcare Health Management Systems, Inc.)

DYK, Circuit Judge,

with whom NEWMAN, Circuit Judge, joins, concurring in the denial of the petition for rehearing en banc.

We agree that rehearing en banc is properly denied. We write briefly to respond to the dissents.

*1353I

Section 284, 35 U.S.C., allows the award of enhanced damages at the conclusion of a patent case based on a finding of willful infringement. In re Seagate Tech., LLC, 497 F.