News & Analysis as of

Abuse of Discretion Patent Infringement Stryker v Zimmer

Farella Braun + Martel LLP

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

Morrison & Foerster LLP

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

Foley Hoag LLP

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

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

Mintz

Supreme Court Makes It Harder for Willful Infringers to Escape Punishment

Mintz 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

Knobbe Martens

Supreme Court Eases Rules for Larger Patent Damage Awards

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

A&O Shearman

Supreme Court Nixes Two-Part Seagate Test for Enhancing Patent Damages and Returns Discretion to District Courts

A&O Shearman on

On June 13, 2016, the Supreme Court eliminated the rigid test for enhanced damages that the Federal Circuit had erected in In re Seagate Technology LLC. The Supreme Court held that, under 35 U.S.C. 284, district courts have...more

Morgan Lewis

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

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

McNees Wallace & Nurick LLC

Enhanced Patent Damages Standard Relaxed – Supreme Court Sinks Seagate

On June 13, 2016, the Supreme Court unanimously rejected the Federal Circuit’s current standard for awarding enhanced patent damages, finding it too rigid and inconsistent with the enhanced damages statute, 35 U.S.C. §284. As...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Rules District Courts to Have More Discretion in Finding Willful Patent Infringement by Malicious Pirates

On June 13, 2016, the Supreme Court ruled unanimously, in an opinion by Chief Justice Roberts, that an award of enhanced damages pursuant to 35 U.S.C. § 284 should be within the sound discretion of a district court, albeit...more

McDonnell Boehnen Hulbert & Berghoff LLP

Halo Electronics, Inc. v. Pulse Electronics, Inc. and Stryker Corp. v. Zimmer, Inc. (2016)

The aphorism that "[t]he race is not always to the swift nor the battle to the strong, but that's the way to bet," variously attributed to Damon Runyon, Franklin P. Adams, and Hugh Keough, could readily be updated to include...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Supreme Court Confers Broader District Court Discretion in Determining Enhanced Damages"

In a unanimous decision issued on June 13, 2016, the U.S. Supreme Court, in Halo Electronics, Inc. v. Pulse Electronics, Inc., relaxed the standard for awards of enhanced damages under 35 U.S.C. § 284. In so ruling, the Court...more

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