News & Analysis as of

Standard of Proof

Defence & Indemnity - December 2016: II. LIABILITY ISSUES

by Field Law on

New privacy torts of intrusion upon seclusion and public disclosure of private facts were supported in Canada. R. v. John Doe, 2016 FCA 191, per Ryer J.A, Boivin J.A. and De Montigny J.A....more

Perspectives for the Professions - January 2017: Case Summary: Test for Interim Conditions

by Field Law on

Scott v. College of Massage Therapists of BC, 2016 BCCA 180, allowing an appeal of the lower Court’s decision to quash an interim condition on practice. A massage therapist was the subject of a complaint that he had...more

Illinois Appellate Court Delivers Another Blow to Relator in False Claims Act Litigation

by McDermott Will & Emery on

On Monday, October 17, the Illinois Appellate Court issued another taxpayer-friendly opinion in an Illinois False Claims Act case alleging a failure to collect and remit sales tax on internet and catalog sales to customers in...more

Willfulness After Halo: Now What?

by Foley & Lardner LLP on

The general consensus is that the Supreme Court’s June decision in Halo Electronics v. Pulse Electronics eased the path to proving willfulness, as discussed previously on IP Litigation Current. Many speculated that one result...more

John Edwards argues before the Texas Supreme Court on important libel case that started in 2003

by Jackson Walker on

Houston partner John K. Edwards recently argued before the Texas Supreme Court on behalf of a newspaper and reporter in an important libel case that started in 2003 concerning an article published in a Fort Bend County...more

Intellectual Property Bulletin - Summer 2016

by Fenwick & West LLP on

Supreme Court Expands Discretion to Award Enhanced Damages for Patent Infringement and Eliminates the Federal Circuit’s ‘Seagate Test’ - In Halo Electronics, Inc. v. Pulse Electronics, Inc., the U.S. Supreme Court...more

The New Willfulness Paradigm

by McDermott Will & Emery on

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

Supreme Court Corner: Q2 2016

by DLA Piper on

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

Supreme Court Entrusts Enhanced Damages to District Court Judges

by Alston & Bird on

Section 284 of the Patent Act provides that, in the event of damages for patent infringement, “the court may increase the damages up to three times the amount found or assessed.” In 2007, the Federal Circuit in In re Seagate...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 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

Supreme Court Abolishes Federal Circuit’s Test for Willfulness

by Morrison & Foerster LLP on

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

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

by Brooks Kushman P.C. on

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

by Goodwin on

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

by Foley Hoag LLP on

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 broadens district court discretion to punish "egregious infringement behavior"

by DLA Piper on

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

by Mintz Levin on

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"

by Porter Hedges LLP on

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

Supreme Court Eases Rules for Larger Patent Damage Awards

by Knobbe Martens on

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

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

Willful Infringement: "If I could turn back time..."

by Bracewell LLP on

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

Patent Holders Add Another Arrow to Their Quiver

by McNair Law Firm, P.A. on

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

SCOTUS Paves the Way for Enhanced Damages with Halo Ruling

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

Canadian Court Holds That Evidentiary Requirement For Leave To File Securities Class Action Is “Not A Low Bar”

In January of 2016, this blog commented on the Supreme Court of Canada’s decision in the seminal case of Canadian Imperial Bank of Commerce v. Green. There, the Court held that a prospective plaintiff must move for leave to...more

Supreme Court Rejects Federal Circuit’s Two-Part “Objective Recklessness” Test

by Morgan Lewis on

The decision, which affects enhanced patent infringement damages, restores the statutory discretion of district courts, whose exercise of discretion should be channeled by sound legal principles limiting the award of enhanced...more

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