PATENT CASE OF THE WEEK - Communication Test Design, Inc. v. Contec, LLC, Appeal No. 2019-1672 (Fed. Cir. March 13, 2020) - This week’s Case of the Week explores two important procedural issues: a court’s discretion to...more
This week, the U.S. Court of Appeals for the Ninth Circuit joined a majority of appellate courts that have rejected rigid tests for attorneys’-fees awards in favor of flexible discretion at the district court level. The...more
On June 13, 2016, the Supreme Court issued a unanimous opinion in two consolidated cases (Halo Electronics v. Pulse Electronics and Stryker Corp. v. Zimmer) effectively lowering the standard for obtaining enhanced damages in...more
On June 13, 2016, in Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. ___ (2016), the Supreme Court unanimously abrogated the Federal Circuit’s 2007 decision in In re Seagate Tech., LLC, 497 F.3d 1360 (Fed. Cir....more
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
Patent infringers take note: clever defenses by ingenious litigation counsel may come too late to save you from an award of exemplary damages. On Monday, June 13, in Halo Electronics v. Pulse Electronics and Stryker Corp. v....more
The Supreme Court has made it easier for patent owners to prove willful infringement and entitlement to enhanced damages. In a unanimous opinion issued yesterday in a pair of cases decided together, Halo Electronics, Inc. v....more
Yesterday, the U.S. Supreme Court issued its much-anticipated, combined decision in Halo v. Pulse Electronics and Stryker v. Zimmer, relaxing the standard for awarding enhanced damages in patent litigation under 35 U.S.C. §...more
In a unanimous decision yesterday, the Supreme Court eliminated the requirement that patentees must show that an infringer was objectively reckless in order to obtain enhanced patent damages. The decision returned to the...more
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
Unlike Cher, the U.S. Supreme Court can turn back time. In Halo Electronics v. Pulse Electronics, the Court unanimously upended the law on enhanced damages for willful patent infringement set forth in by the Federal Circuit...more
On Monday, June 13, a decision by the Supreme Court of the United States made it easier for patent holders to receive damages from infringers. In the case of Halo Electronics, Inc. v. Pulse Electronics, Inc., Docket No....more
On June 13, 2016, the Supreme Court issued its opinion in Halo v. Pulse, overturning the Federal Circuit’s long-standing two-step test for willfulness and enhanced damages in patent-infringement cases. The Court’s ruling...more
On June 13, 2016, the Supreme Court unanimously rejected the Federal Circuit’s current standard for awarding enhanced patent damages, finding it too rigid and inconsistent with the enhanced damages statute, 35 U.S.C. §284. As...more
In a unanimous decision issued on June 13, 2016, the U.S. Supreme Court, in Halo Electronics, Inc. v. Pulse Electronics, Inc., relaxed the standard for awards of enhanced damages under 35 U.S.C. § 284. In so ruling, the Court...more