Science, Computers & Technology Civil Remedies Civil Procedure

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MAG Aerospace Industries, Inc. v. B/E Aerospace, Inc. (Fed. Cir. 2016) - Equitable Assignor Estoppel Doctrine Expanded by Federal...

Arcane aspects of the law are frequently analogized as constituting "traps for the unwary," and patent law seems to have more than its share of minutiae that fall within that characterization. The equitable principle of...more

Amgen v. Sandoz Update -- Supreme Court Seeks Views of United States

In other Supreme Court news from Monday, June 20, 2016, the Court invited the Solicitor General to file briefs in the Sandoz v. Amgen (No. 15-1039) and Amgen v. Sandoz (No. 15-1195) appeals to express the views of the United...more

Unprecedented High Court Decision Orders the Destruction of Confidential Information on the Defendants’ Computers

The High Court in Arthur J. Gallagher Services (UK) Limited and others v Skriptchenkov and others [2016] EWHC 603, granted 11 February a mandatory injunction ordering the inspection and imaging of electronic devices and...more

Supreme Court Asks Solicitor General to Weigh In on Amgen v. Sandoz

Today, the Supreme Court deferred a decision on certiorari in Amgen v. Sandoz, inviting the Solicitor General to file a brief expressing the views of the United States. Sandoz petitioned for review of one aspect of the...more

Defendant's "Piecemeal" Approach to Discovery and Review of Only Select Files of Corporate Employees Results in Sanctions

In this patent infringement action, the defendants conducted a "piecemeal approach to discovery, reviewing only the files of select corporate employees." The district court found that this approach was contrary to the Federal...more

Supreme Court Loosens Standard for Willful Infringement/Enhanced Damages

In a relatively rare “pro-patent” decision, the U.S. Supreme Court earlier this week unanimously overruled the Federal Circuit’s so-called Seagate standard for finding willful patent infringement and awarding enhanced...more

Supreme Court Resurrects Enhanced Damages Awards Under § 284

On Monday, in a significant victory for patent owners, the U.S. Supreme Court swept away the Federal Circuit’s “inelastic” framework for assessing enhanced patent damages and found that 35 U.S.C. § 284 means what it says:...more

High Court Relaxes Standards for Enhanced Damages in District Court Patent Litigation

On June 13, 2016, in a much-anticipated joint holding in Halo/Stryker, [1] the Supreme Court unanimously overturned the Federal Circuit’s rigid test for willful infringement under Seagate and conferred discretion on district...more

Supreme Court Clears the Path for More Enhanced Damages Awards in Halo

In recent years, the Supreme Court has repeatedly rejected the Federal Circuit’s strict tests concerning monetary relief in patent cases in favor of more fluid standards that commit discretion to the district courts. In...more

US Supreme Court Adds to District Court's Ability to Award Enhanced Patent Damages

On June 13, the US Supreme Court handed down an important unanimous decision relaxing the standard for an award of enhanced patent damages under 35 U.S.C. § 284. See Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S....more

Litigation Alert: Supreme Court Expands Discretion to Award Enhanced Damages for Patent Infringement and Eliminates the Federal...

This week in Halo Electronics, Inc. v. Pulse Electronics, Inc., the United States Supreme Court changed the law regarding when enhanced damages should be awarded in patent infringement cases, by eliminating the two-part test...more

Halo v. Pulse (2016): Supreme Court Relaxes Standard for Obtaining Enhanced Damages For Patent Infringement

Patent owners will more likely seek enhanced damages; accused infringers no longer insulated by “attorney’s ingenuity” after the fact. Summary - The Federal Circuit’s 2007 Seagate decision raised the bar for...more

Supreme Court Clarifies Enhanced Damages Standard for Patent Cases

If you read one thing ... - The Supreme Court discarded the Federal Circuit’s heightened Seagate standard for awarding enhanced damages under the Patent Act. - The new standard increases the chance of an...more

Halo Removed the Stranglehold of "Objective Recklessness" on Enhanced Damages for Patent Infringement

Although under the Patent Act, “a court may increase the damages [for patent infringement] up to three times,” 35 U.S.C. § 284, enhanced damages awards are infrequent. For nearly a decade, the Federal Circuit’s en banc...more

Supreme Court Adopts More Flexible Standard For Enhanced Damages For Willful Infringement

In Halo Electronics, Inc. v. Pulse Electronics, Inc., the Supreme Court rejected the Federal Circuit’s two-part Seagate test for awarding enhanced damages under 35 USC § 284, finding that both the substantive requirement for...more

Halo Electronics, Inc. v. Pulse Electronics Inc.: the U.S. Supreme Court Establishes a New Framework for Awarding Enhanced Damages...

On June 13, 2016, the Supreme Court announced its decision in Halo Electronics, decision in Halo Electronics, Inc. v Pulse Electronics, Inc., in which the Court rejected the Federal Circuit’s Seagate test and established a...more

US Supreme Court broadens district court discretion to punish "egregious infringement behavior"

In a unanimous opinion authored by Chief Justice John Roberts in Halo Electronics, Inc. v. Pulse Electronics, Inc. and Stryker Corp. v. Zimmer, Inc., the Supreme Court has changed the standard for proving willful infringement...more

Stay Out of the Weeds: Egregious, Not Garden-Variety, Patent Infringement Is Subject to Enhanced Damages

On June 13, the U.S. Supreme Court unanimously rejected the Federal Circuit’s rigid two-part test for awarding enhanced damages in patent cases. In two cases decided together, Halo Elecs., Inc. v. Pulse Elecs., Inc., and...more

Supreme Court Nixes Two-Part Seagate Test for Enhancing Patent Damages and Returns Discretion to District Courts

On June 13, 2016, the Supreme Court eliminated the rigid test for enhanced damages that the Federal Circuit had erected in In re Seagate Technology LLC. The Supreme Court held that, under 35 U.S.C. 284, district courts have...more

SCOTUS Increases Judges' Discretion to Enhance Damages for Willful Patent Infringement

On Monday, the U.S. Supreme Court empowered federal judges with greater discretion to award enhanced damages against a willful patent infringer. Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513 (U.S., June 13,...more

Supreme Court Relaxes Standard For Awarding Enhanced Damages In Patent Infringement Cases

After several years of handing down perceived anti-patent rulings, yesterday in Halo Elecs. v. Pulse Elecs., the Supreme Court gave patent owners an extra weapon against infringers by making it easier to recover enhanced...more

U.S. Supreme Court Eases Standard for Enhanced Damages in Patent Cases

On June 13, 2016, the Supreme Court of the United States set forth a new standard for awarding enhanced damages in patent infringement cases by striking down the Federal Circuit’s en banc Seagate framework as an “artificial...more

New Hope for Patent Owners: Supreme Court Eases the Path to Enhanced Damages

Under the new standard, district courts will have considerably more discretion to find that an accused infringer acted willfully and enhance damages up to three times the amount of compensatory damages....more

Supreme Court Substantially Lowers Standard for Proving Enhanced Damages for Patent Infringement

In Halo Electronics, Inc. v. Pulse Electronics, Inc., the Supreme Court issued a longawaited opinion dramatically altering the standard Federal Courts use for determining whether to increase patent infringement damages under...more

Supreme Court Lowers the Standard for Obtaining Enhanced Damages for Patent Infringement

As we predicted in our recent Corporate Counsel IP Symposium, the Supreme Court has overturned the Federal Circuit’s Seagate standard for determining willful infringement and enhancing damages under 35 U.S.C. § 284. In a...more

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