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
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
After 2007, the value of obtaining an opinion of counsel when confronted with claims of infringement reached a historical low. Federal Circuit case law made such evidence, which generally relates to the subjective state of...more