News & Analysis as of

Halo v Pulse Patent Litigation

AEON Law

Patent Poetry: When is a patented product sold “within the United States”?

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Under 35 U.S. Code § 271, a US patent is infringed when someone: without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented...more

Mintz - Intellectual Property Viewpoints

Judge Alsup Certifies Two Hot Button Issues on Standard for Pleading Willful Infringement for Interlocutory Appeal to the CAFC

On March 16, 2022, U.S. District Judge William Alsup of the Northern District of California certified two of the hot button issues splitting district courts on the standard for pleading willful infringement (see order),...more

Fox Rothschild LLP

Federal Circuit Clarifies Standards for Willful Infringement and Enhanced Damages While Reinstating, Affirming-in-Part and...

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By Memorandum Opinion entered on appeal from the United States District Court for the District of Delaware in SRI International, Inc. v. Cisco Systems, Inc., Case 20-1685 (Fed. Cir. September 28, 2021), the Federal Circuit...more

Mintz - Intellectual Property Viewpoints

Eastern District of Michigan Dismisses Willful Infringement Claims for Failure to Allege Infringer's Knowledge and Egregious...

On July 13, 2020, the U.S. District Court for the Eastern District of Michigan, in Mich. Motor Techs., v. Volkswagen Aktiengesellschaft, No. 19-10485, granted Volkswagen’s motion to dismiss Michigan Motor Technologies’...more

Manatt, Phelps & Phillips, LLP

Responses to Infringement Letters Can Reduce Risk of Willful Infringement

In Halo Electronics, Inc. v. Pulse Electronics, Inc.,1 the Supreme Court held that 35 U.S.C. Section 284 provides for enhanced damages in egregious cases...more

Dorsey & Whitney LLP

A Post-Halo World: Companies Need to Be Careful Because Juries Determine Willful Patent Infringement

Dorsey & Whitney LLP on

The Supreme Court in Halo Elecs., Inc. v. Pulse Elecs., Inc., 136 S. Ct. 1923, 1932, 195 L. Ed. 2d 278 (2016), relaxed the standard for a finding of willful patent infringement under 35 USC Section 284. The “objective...more

Fish & Richardson

The Return of Opinions of Counsel in Patent Cases: How Recent Judicial Decisions Have Made Them Relevant Once More

Fish & Richardson on

What should a prudent corporate executive do when he or she becomes aware that the corporation’s activities might be alleged to be infringing a United States patent? Some recent Supreme Court decisions have led to a revival...more

Schwabe, Williamson & Wyatt PC

2017 Supreme Court and Precedential Patent Cases From the Federal Circuit, With Some Significant Cases from 2016

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Mintz - Intellectual Property Viewpoints

Chief Judge Stark Rejects Motion for Enhanced Damages Award Due to the Public Interest in the Accused Hepatitis C Virus Treatments

Last month, following a jury verdict in federal district court in Delaware awarding Plaintiff Idenix Pharmaceuticals LLC $2.54 billion in damages—“the largest damages verdict ever returned in a patent [infringement]...more

Womble Bond Dickinson

Willful Infringement, Opinion Letters, & Post-Halo Trends

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This short article aims to review recent trends in findings of willful patent infringement and enhanced damages, both in volume of motions made and the success rate of those motions. However, to appreciate current trends...more

Nutter McClennen & Fish LLP

Situations When Written Opinions of Counsel Could Spare You a Patent-Related Headache

In 2016, the U.S. Supreme Court issued a decision in the case of Halo Electronics, Inc. v. Pulse Electronics, Inc. making it easier for courts to find willful infringement in patent cases and award enhanced damages. Prior to...more

Miles & Stockbridge P.C.

Back to the Future: Saving Millions with Opinions of Counsel Post-Halo

After a decade of atrophy, opinions of counsel may again be an essential part of any defensive patent strategy due to recent changes in the law. The Supreme Court in Halo overruled the Federal Circuit’s Seagate test for...more

McDonnell Boehnen Hulbert & Berghoff LLP

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

Kilpatrick

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

Kilpatrick on

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

Knobbe Martens

This Year’s Top Ten IP Cases

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#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

McDonnell Boehnen Hulbert & Berghoff LLP

Top Stories of 2016: #11 to #15

After reflecting upon the events of the past twelve months, Patent Docs presents its tenth annual list of top patent stories. For 2016, we identified twenty stories that were covered on Patent Docs last year that we believe...more

Knobbe Martens

Federal Circuit Review | November 2016

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Fraud-Detection Patent Claimed Patent-Ineligible Subject Matter - In FairWarning IP, LLC v. Iatric Systems, Inc., Appeal No. 2015-1985, the Federal Circuit affirmed the district court’s holding that FairWarning’s patent...more

Miles & Stockbridge P.C.

Halo: Cause for Counsel

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With the Supreme Court’s decision in Halo Electronics overruling the 2007 Seagate case, non-practicing entities (“NPEs”) may resume an old, familiar practice to enable them to make a case for willful infringement. See Halo...more

McDermott Will & Emery

District Courts on Willful Infringement Post-Halo

McDermott Will & Emery on

In two recent decisions addressing the issue of willful infringement, the US Court of Appeals for the Federal Circuit recalled its mandate, vacated portions of earlier decisions and remanded to the district court the...more

Manatt, Phelps & Phillips, LLP

Intellectual Property Law - October 2016

Federal Circuit After Stryker/Halo - Why it matters: On June 13, 2016, the U.S. Supreme Court decided the consolidated cases of Stryker Corp. v. Zimmer, Inc. and Halo Electronics, Inc. v. Pulse Electronics, Inc. and, as...more

Locke Lord LLP

Are Patent Opinions Again Necessary?

Locke Lord LLP on

Patent opinions are no longer necessary to avoid an inference at trial that the opinion would have been unfavorable, but, in view of the recent Supreme Court decisions in Halo and Octane Fitness they may be advisable upon...more

A&O Shearman

Intellectual Property Newsletter -August 2016

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Shearman & Sterling’s IP litigation team has published its quarterly newsletter. The newsletter covers a number of current IP topics, including a look at the America Invents Act, five years in; the U.S. International Trade...more

WilmerHale

Federal Circuit Patent Updates - August 2016

WilmerHale on

ScriptPro LLC v. Innovation Associates, Inc. (No. 2015-1565, 8/15/16) (Moore, Taranto, Hughes) - August 15, 2016 10:41 AM - Moore, J. Reversing summary judgment of invalidity of claims for lack of written...more

Proskauer - New England IP Blog

Halo Shines Bright in D. Mass.

A recent order from the District of Massachusetts sheds light on how the Supreme Court’s June 2016 decision in Halo Electronics v. Pulse Electronics is being interpreted by the district courts. The Memorandum and Order by...more

Robins Kaplan LLP

The Halo Effect: More Jury Trials On Willfulness

Robins Kaplan LLP on

Patent holders have faced a number of new challenges to successfully enforce their patent rights over the last several years. The creation and implementation of the Patent Trial and Appeal Board and inter partes review...more

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