Preponderance of the Evidence

News & Analysis as of

Supreme Court Makes it Easier for Medical Device Companies to Recover Enhanced Damages for Patent Infringement

The Patent Act provides that, in a case of infringement, courts “may increase the damages up to three times the amount found or assessed.” Previously, in order to recover enhanced damages under the Patent Act, a patent owner...more

The New Willfulness Paradigm

The Supreme Court of the United States traced two centuries of analysis related to enhanced damages in patent cases to conclude that the US Court of Appeals for the Federal Circuit’s two-part test, announced nearly a decade...more

Federal Circuit Patent Updates - June 2016

Cuozzo Speed Technologies, LLC v. Lee (No. 2015-446, 6/20/16) (Roberts, Kennedy, Thomas, Ginsburg, Breyer, Alito, Sotomayor, Kagan) - June 20, 2016 12:49 PM - Breyer, J. Affirming Federal Circuit decision that the...more

Supreme Court Corner: Q2 2016

Stryker Corp. v. Zimmer, Inc. Halo Electronics, Inc. v. Pulse Electronics, Inc. PATENT – Decided: Jun. 13, 2016 Issue: Whether the Federal Circuit’s two-part test for willful patent infringement, with separate...more

Halo V Pulse: High Court Relaxes Standard For Enhanced Patent Damages

On June 13, 2016 Chief Justice Roberts delivered a unanimous decision of the Supreme Court in the case of Halo v. Pulse on the question of when enhanced damages can be awarded for patent infringement. This decision reversed...more

High Court Eases Ability to Recover Enhanced Remedies in Patent and Copyright Cases

Within the past week, the U.S. Supreme Court handed down two unanimous rulings that could make it easier for prevailing parties in patent cases to recover enhanced damages and for winning parties in copyright cases to recover...more

Supreme Court Lowers the Bar for Willfulness and Provides Major Win to Patent Holders

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

Supreme Court Abolishes Federal Circuit’s Test for Willfulness

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

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

Supreme Court Relaxes Standard for Willful Infringement – Higher Risk of Enhanced Damage Awards May Require Clients to Reassess...

In a unanimous opinion, the U.S. Supreme Court rejected the prevailing Seagate test for finding willful infringement in patent cases – a finding for which a “court may increase the damages up to three times the amount found...more

Supreme Court Unanimously Overturns Rigid Seagate Test in Favor of a Discretionary Test for Awarding Enhanced Damages

Section 284 of The Patent Act provides that in a case of infringement, courts “may increase the damages up to three times the amount found or assessed.” Under Seagate, to be entitled to enhanced damages under § 284, a patent...more

Halo’s Aura: How the Supreme Court’s Halo Decision Will Impact Patent Damages and Influence Pre-Litigation Conduct

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

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

Supreme Court Makes It Harder for Willful Infringers to Escape Punishment

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

IP Alert: "A Victory for Patent Owners - Relaxation of the Standard for Enhanced Damages"

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

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 Eases Rules for Larger Patent Damage Awards

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

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