News & Analysis as of

Willful Infringement

Pumping Up Exceptional Cases Under the Octane Fitness Standard

A flurry of activity from various courts this past week on “exceptional cases” under Section 285 of the Patent Act provided notable guidance for practitioners and patent owners, with a particular emphasis on the motivation...more

The Halo Effect – Making Angels Out of Infringers?

Historically, patent owners have pled willful infringement in an effort to support the collection of enhanced damages from an infringer. Typically, if there was willful infringement the damages were enhanced and often...more

Summaries of All Supreme Court and Precedential Federal Circuit Patent Cases Decided Since Jun. 1, 2016

This paper is based on reports on precedential patent cases decided by the Federal Circuit distributed by Peter Heuser on a weekly basis. Please see full publication below for more information....more

Irish Butter Shortage Spreads Trademark Battle in Wisconsin

by Reed Smith on

A Wisconsin federal judge issued a temporary restraining order last month against a Wisconsin creamery for their use of the “Irishgold” Irish butter trademark and associated packaging. Irish dairy distributor Ornua Foods...more

Urban Outfitters Hit with Willful Copyright Infringement

by Knobbe Martens on

On April 4, 2017, the Ninth Circuit ruled that Urban Outfitters and Century 21 (collectively “Urban”) were liable for willful infringement of a copyrighted fabric design owned by Unicolors Inc. Unicolors is a Los Angeles...more

Willfulness Can Be Predicated on Brief Between Declaratory Judgment Filing and Counterclaim

by McDermott Will & Emery on

In a complex 42-page decision, the US Court of Appeals for the Federal Circuit addressed issues of assignor estoppel, claim indefiniteness, subject matter eligibility, claim preclusion, willfulness and lost profits damages...more

Opinions of Counsel Should Be Rendered Timely, and Evidence of Opinions of Counsel Should Be Credible

Omega Patents, LLC (“Omega”) sued CalAmp Corp. (“CalAmp”) for patent infringement in the Middle District of Florida. The jury returned a verdict for Omega, finding all of the asserted claims valid and infringed. On April 5,...more

5 Top Takeaways: When Is an Opinion of Counsel Required in the New, Post-Halo Environment?

Kilpatrick Townsend Partner James Isbester recently addressed the Intellectual Property Section of the Contra Costa County Bar Association at a CLE event held at the firm’s Walnut Creek office. The presentation, “When Is an...more

Is the Halo Broken Already?

Last week Docket Navigator delivered a troubling headline regarding a recent District Court decision – “Invalidity Opinion Delivered After Product Launch No Defense to Willful Infringement.” As a practitioner who regularly...more

Distillations: ALERT: Skull Crushing Victory

by Fish & Richardson on

A unanimous eight-person jury found that Dan Aykroyd’s Crystal Head Vodka skull-shaped bottle has been intentionally infringed by Elements Spirits Inc.’s Day of the Dead-inspired skull shaped tequila bottles. Undoubtedly...more

Enhanced Patent Damages in the Wake of Halo May Not Be So Easy to Come By

Background - Last year, in Halo Electronics, Inc. v. Pulse Electronics, Inc., 136 S. Ct. 1923 (2016), the Supreme Court weighed in on the question of enhanced damages in patent cases and rejected the then-existing...more

Federal Court Cracks Down on Intentional Infringement with $1 Million Punitive Damages Awards

by Bennett Jones LLP on

It's been a costly week for intentional infringers of intellectual property (IP) rights. In two separate decisions, the Federal Court of Canada has awarded $1 million in punitive damages. These are among the highest punitive...more

[Webinar] Willful Patent Infringement in Today’s World of Medical Devices: Opinions of Counsel and Operating in a State of Flux -...

As courts apply the Supreme Court’s direction on willful infringement, U.S. companies have guideposts to look to on the bounds in which they can operate. For in-house counsel with a budget, obtaining an opinion letter for...more

Enhanced Damages for Willful Infringement

Proving willful patent infringement became easier after the Supreme Court in Halo rejected the rigid two-part Seagate test for willful infringement, thereby removing a significant hurdle to an award of enhanced damages. In...more

2016’s Top Patent and Trade Secret Developments for Chemistry and Nanotechnology

While 2016 saw several significant IP developments regarding the USPTO claim construction standard and the standard of review of USPTO decisions, the following three developments may have the greatest impact on how in-house...more

Smith & Nephew, Arthrex Settled Suture Anchor Patent Dispute Before Trial

by Knobbe Martens on

On February 14, 2017, U.S. District Judge Michael Mosman of the United States District Court, District of Oregon granted a Joint Stipulated Motion for Dismissal with Prejudice submitted by Plaintiffs Smith & Nephew, Inc. and...more

2017 Intellectual Property Law Year In Review

by McDermott Will & Emery on

Though politics ruled the headlines in 2016, the year still brought big changes in intellectual property law and its application, most notably in patent subject matter eligibility, inter partes review institution and appeal...more

Involvement of Opinion Counsel in Trial Strategy Results in a Broad Subject-Matter Waiver that Extends to Trial Counsel

In a December 13, 2016, order (made publicly available in redacted form on January 5, 2017), the District Court for the Eastern District of North Carolina enunciated a broad waiver of the attorney-client privilege for a party...more

District Court Orders Production of Attorney-Client Communications Between Opinion Counsel and Trial Counsel Based on Advice of...

Plaintiff Krausz Industries Ltd. ("Krausz") filed a motion for an order compelling Defendants Smith-Blair, Inc. and Sensus USA, Inc. (collectively "Smith-Blair") to allow discovery into various attorney-client communications...more

Judge Bloom Hits Bombardier with Enhanced Ongoing Royalty Damages and Treble Damages Following Patent Infringement Loss

On January 3, 2017, Judge Bloom of the Southern District of Florida added nearly $1 million in pre-judgment interest to the damage figure of roughly $48.2 million already owed by Bombardier to Arctic Cat due to a finding of...more

This Year’s Top Ten IP Cases

by Knobbe Martens on

#10 Design Patent Damages § 289 - Samsung Elecs. Co., v. Apple Inc., 580 U.S. _ (Dec. 6, 2016) - In the case of a multicomponent product, the relevant article of manufacture for arriving at a damages award under...more

2 Ways Courts Approach Willful Infringement After Halo

by WilmerHale on

This article analyzes how district courts have addressed the sufficiency of pleading enhanced damages after Halo at the motion to dismiss stage. (The first article in this two-part series considered district court decisions...more

4 Factors Influencing Enhanced Damages After Halo

by WilmerHale on

This article considers district court decisions on enhanced damages issued within the first six months after Halo, particularly focusing on the factors that influence whether enhanced damages are ultimately awarded. Our...more

Another Look at Willful Infringement under Halo’s Preponderance of the Evidence Standard

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit remanded a no willful infringement finding back to the district court to be reconsidered under the Supreme Court of the United States’ Halo decision. Alfred E. Mann Foundation...more

Heartburn for Defense After Jury Verdict in Pepcid® Dispute

The recent jury verdict in a dispute over a generic version of the heartburn medication Pepcid® Complete® would be enough for anyone to reach for a few tablets of the accused product. After an eight day trial presided over by...more

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