News & Analysis as of

Damages › Halo v Pulse

Faegre Drinker Biddle & Reath LLP

The Restoration of (Bad) Faith: The Proper Standard for a Factual Finding of Willful Infringement

Faegre Drinker Biddle & Reath LLP on

Enhanced Damages Under the Patent Act - The Patent Act provides that once infringement has been established, a district court may “increase the damages up to three times the amount found or assessed.” 35 U.S.C. § 284. The...more

Schwabe, Williamson & Wyatt PC

2017 Supreme Court and Precedential Patent Cases From the Federal Circuit, With Some Significant Cases from 2016

Schwabe, Williamson & Wyatt PC on

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Saul Ewing LLP

Opinions are Critical to Mitigating Patent Damages Post-Halo

Saul Ewing LLP on

Although the Supreme Court’s increased engagement with patent law over the last decade has generally been viewed as positive for parties accused of patent infringement, its recent decision in Halo Electronics, Inc. v. Pulse...more

Locke Lord LLP

Are Patent Opinions Again Necessary?

Locke Lord LLP on

Patent opinions are no longer necessary to avoid an inference at trial that the opinion would have been unfavorable, but, in view of the recent Supreme Court decisions in Halo and Octane Fitness they may be advisable upon...more

Fish & Richardson

Enhanced Damages in Patent Cases to Depend on All Relevant Circumstances for “Egregious” Behavior

Fish & Richardson on

The Supreme Court yesterday unanimously reversed the Federal Circuit’s decisions on enhanced damages involving patentees Halo and Stryker (in consolidated appeals). Under the Federal Circuit’s Seagate test, a patentee could...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Halo Electronics, Inc. v. Pulse Electronics, Inc. and Stryker Corp. v. Zimmer, Inc.

Faegre Drinker Biddle & Reath LLP on

On June 13, 2016, the Supreme Court of the United States decided Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513, and Stryker Corp. v. Zimmer, Inc., No. 14-1520, holding that a patent-infringement plaintiff can...more

McDonnell Boehnen Hulbert & Berghoff LLP

Trolls v. Pirates: Supreme Court Oral Argument Reviewing Enhanced Damages

McDonnell Boehnen Hulbert & Berghoff LLP on

Earlier today, the Supreme Court heard oral arguments in two related cases: Halo Electronics, Inc. v. Pulse Electronics, Inc. (Supreme Court docket number 14-1513) and Stryker Corp. v. Zimmer, Inc. (Supreme Court docket...more

Snell & Wilmer

Supreme Court to Address IPR Proceedings & Willful Infringement

Snell & Wilmer on

The Supreme Court will continue to shape patent law in 2016, addressing critical components of the widely-popular Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board, and examining the standard for...more

McDermott Will & Emery

Supreme Court to Review Federal Circuit Standard for Treble Damage Awards Under § 284 - Halo Electronics, Inc. v. Pulse...

McDermott Will & Emery on

Taking its first IP cases of the current session, the Supreme Court has granted certiorari in two § 284 enhanced fee award patent cases: Halo Electronics, Inc. v. Pulse Electronics, Inc., S.Ct. No. 14-1513 (Oct. 19, 2015) and...more

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