News & Analysis as of

Preponderance of the Evidence Abuse of Discretion

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Harris Beach PLLC

Administrative Abuse of Discretion and Power "Beggars Belief"

Harris Beach PLLC on

On January 23, 2020, the Federal Court of Appeals for the Seventh Circuit issued a scathing decision that has garnered much attention. (Baez-Sanchez v. Barr, No. 19-1642 (7th Cir. 2020). It was not the merits of the...more

Fenwick & West LLP

Litigation Alert: Ninth Circuit Adopts Broader Octane Fitness Standard for Attorneys’ Fees Awards under the Lanham Act

Fenwick & West LLP on

On October 24, 2016, the U.S. Court of Appeals for the Ninth Circuit after an en banc rehearing in Sunearth, Inc. v. Sun Earth Solar Power Co., LTD., adopted the Octane Fitness standard for determining whether a case is...more

Snell & Wilmer

Octane Fitness and Highmark Apply to Ninth Circuit Attorney Fee Awards under the Lanham Act

Snell & Wilmer on

On October 24, 2016, the Ninth Circuit Court of Appeals, sitting en banc, held that district courts analyzing a request for attorney fees under the Lanham Act should consider the totality of the circumstances, as set forth in...more

Morrison & Foerster LLP

MoFo IP Newsletter - August 2016

Supreme Court Abolished 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...more

Proskauer Rose LLP

The Renewed Importance of Opinions of Counsel in Patent Infringement Actions

Proskauer Rose LLP on

Several recent court decisions in patent infringement actions reflect the significant impact of the Supreme Court's ruling in Halo Electronics, Inc. v. Pulse Electronics, Inc., which dramatically altered the landscape for...more

Knobbe Martens

Supreme Court Makes it Easier for Medical Device Companies to Recover Enhanced Damages for Patent Infringement

Knobbe Martens on

The Patent Act provides that, in a case of infringement, courts “may increase the damages up to three times the amount found or assessed.” Previously, in order to recover enhanced damages under the Patent Act, a patent owner...more

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

McCarter & English, LLP

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

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

Porter Hedges LLP

IP Alert: "A Victory for Patent Owners - Relaxation of the Standard for Enhanced Damages"

Porter Hedges LLP on

Yesterday, the U.S. Supreme Court issued its much-anticipated, combined decision in Halo v. Pulse Electronics and Stryker v. Zimmer, relaxing the standard for awarding enhanced damages in patent litigation under 35 U.S.C. §...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

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Eases Standard for Enhanced Damages in Patent Cases

On June 13, 2016, the Supreme Court of the United States set forth a new standard for awarding enhanced damages in patent infringement cases by striking down the Federal Circuit’s en banc Seagate framework as an “artificial...more

Burns & Levinson LLP

Supreme Court Substantially Lowers Standard for Proving Enhanced Damages for Patent Infringement

Burns & Levinson LLP on

In Halo Electronics, Inc. v. Pulse Electronics, Inc., the Supreme Court issued a longawaited opinion dramatically altering the standard Federal Courts use for determining whether to increase patent infringement damages under...more

Bracewell LLP

Willful Infringement: "If I could turn back time..."

Bracewell LLP on

Unlike Cher, the U.S. Supreme Court can turn back time. In Halo Electronics v. Pulse Electronics, the Court unanimously upended the law on enhanced damages for willful patent infringement set forth in by the Federal Circuit...more

Burr & Forman

Patent Holders Add Another Arrow to Their Quiver

Burr & Forman on

On Monday, June 13, a decision by the Supreme Court of the United States made it easier for patent holders to receive damages from infringers. In the case of Halo Electronics, Inc. v. Pulse Electronics, Inc., Docket No....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

SCOTUS Paves the Way for Enhanced Damages with Halo Ruling

On June 13, 2016, the Supreme Court issued its opinion in Halo v. Pulse, overturning the Federal Circuit’s long-standing two-step test for willfulness and enhanced damages in patent-infringement cases. The Court’s ruling...more

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