Willful Infringement

News & Analysis as of

Supreme Court Reinvigorates Effectiveness of Obtaining an Opinion of Counsel to Defend against Potential Enhanced Damages for...

On June 13, 2016, the U.S. Supreme Court again reversed a decision of the Federal Circuit—the Circuit specially designated to hear all patent appeals—this time, in articulating the test for determining whether to award...more

In Halo Electronics v. Pulse Electronics, Supreme Court Strikes Down Seagate Test for Enhanced Damages Under Section 284 of the...

Patent infringement plaintiffs and defendants alike fret over enhanced damages: Section 284 of the Patent Act, the basis for enhanced damages, provides that a court may grant a damages award up to three times actual damages....more

Federal Circuit Patent Updates - July 2016 #2

WBIP, LLC v. Kohler Co. (No. 2015-1038, -1044, 7/19/16) (Moore, O'Malley, Chen) - Moore, J. Affirming denial of JMOL that patent was invalid as obvious and lacked an adequate written description, affirming finding of...more

Recent Decision in Halo Requires Reconsideration of Summary Judgment Motion on Willfulness

In a multi-district litigation, the district court had previously granted summary judgment in favor of the defendants on the issue of willful infringement. After the Supreme Court's decision in Halo Electronics, Inc. v. Pulse...more

Supreme Court 2015-2016 Intellectual Property Case Review

At the end of June, the U.S. Supreme Court’s October 2015 term came to a close. The Court issued written decisions in three intellectual property cases during that term, the same number of cases as during the previous term,...more

After Halo, District Court Concludes that Jury's Finding of Willfulness Is Still Appropriate

After a jury trial finding American Technical Ceramics Corp. ("ATC) willfully infringed Presidio Component's ("Presidio") patent, ATC filed a motion for a finding of no willful infringement based on the Supreme Court's...more

Statutory Damages for Infringement of your Copyrights and Trademarks

Statutory damages for copyright and trademark infringement are damages provided for under federal law, which is an advantage to the claimant because other types of damages (lost profits, compensatory damages) can be difficult...more

Watch Out! Supreme Court Opens Door to Treble Damages in Patent Cases!

Up until now, it has been nearly impossible for a plaintiff to recover enhanced (up to treble) damages in patent infringement cases. The current test for enhanced damages, set forth by the Federal Circuit Court of Appeals in...more

Halo Recognizes that Not All Infringers are Angels

In Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. — (2016), the Supreme Court rejected the Federal Circuit’s two-step Seagate test for the award of enhanced damages under 35 USC 284, holding that the aware of...more

Busy Supreme Court Docket In Intellectual Property Highlighted By Cases On Enhanced Damages, Attorney's Fees, Claim Construction...

In June 2016, the U.S. Supreme Court handed down a decision in Halo Electronics v. Pulse Electronics (14-1513), in which it addressed the Federal Circuit's test for determining whether enhanced damages should be awarded for...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

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

Supreme Court Relaxes Test for Increasing Damages after a Finding of Willful Infringement

On June 13, 2016, the Supreme Court issued a decision in Halo Electronics, Inc. v. Pulse Electronics, Inc. et al., in which the Court rejected the two-part test set forth by the Federal Circuit in In re Seagate Technology,...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 Entrusts Enhanced Damages to District Court Judges

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 Loosens Standard for Willful Infringement/Enhanced Damages

In a relatively rare “pro-patent” decision, the U.S. Supreme Court earlier this week unanimously overruled the Federal Circuit’s so-called Seagate standard for finding willful patent infringement and awarding enhanced...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

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 Loosens Test for Enhanced Patent Damages

The U.S. Supreme Court recently issued a decision in the companion cases Halo Electronics, Inc. v. Pulse Electronics, Inc. and Stryker Corp. v. Zimmer Inc., altering the analysis for when patent damages can be increased up to...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

U.S. Supreme Court Halo Decision Rejects Seagate’s High Bar for Treble Damages

In a unanimous decision, on June 13, 2016, the U.S. Supreme Court rejected the CAFC Seagate “objective recklessness” standard and appeal criteria. As is its habit, the Supreme Court has thus taken away relatively clear...more

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