News & Analysis as of

Supreme Court of the United States › Stryker v Zimmer

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Akin Gump Strauss Hauer & Feld LLP

Applying New Halo Standard, the Federal Circuit Reverses Course and Affirms Finding of Willful Infringement

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Upon remand by the Supreme Court following its decision in Halo Electronics, Inc. v. Pulse Electronics, Inc., 136 S. Ct. 1923 (2016), a panel of the Federal Circuit reconsidered its previous decision to vacate a jury’s...more

McDermott Will & Emery

The New Willfulness Paradigm

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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

Farella Braun + Martel LLP

Supreme Court Lowers the Bar for Willfulness and Provides Major Win to Patent Holders

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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

Polsinelli

Supreme Court Loosens Standard for Willful Infringement/Enhanced Damages

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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

Morrison & Foerster LLP

Supreme Court Abolishes Federal Circuit’s Test for Willfulness

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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

BakerHostetler

High Court Relaxes Standards for Enhanced Damages in District Court Patent Litigation

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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

Goodwin

Supreme Court Unanimously Overturns Rigid Seagate Test in Favor of a Discretionary Test for Awarding Enhanced Damages

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Section 284 of The Patent Act provides that in a case of infringement, courts “may increase the damages up to three times the amount found or assessed.” Under Seagate, to be entitled to enhanced damages under § 284, a patent...more

Foley Hoag LLP

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

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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

Fenwick & West LLP

Litigation Alert: Supreme Court Expands Discretion to Award Enhanced Damages for Patent Infringement and Eliminates the Federal...

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This week in Halo Electronics, Inc. v. Pulse Electronics, Inc., the United States Supreme Court changed the law regarding when enhanced damages should be awarded in patent infringement cases, by eliminating the two-part test...more

Womble Bond Dickinson

Halo Removed the Stranglehold of "Objective Recklessness" on Enhanced Damages for Patent Infringement

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Although under the Patent Act, “a court may increase the damages [for patent infringement] up to three times,” 35 U.S.C. § 284, enhanced damages awards are infrequent. For nearly a decade, the Federal Circuit’s en banc...more

Mintz

Supreme Court Makes It Harder for Willful Infringers to Escape Punishment

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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

Eversheds Sutherland (US) LLP

Stay Out of the Weeds: Egregious, Not Garden-Variety, Patent Infringement Is Subject to Enhanced Damages

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On June 13, the U.S. Supreme Court unanimously rejected the Federal Circuit’s rigid two-part test for awarding enhanced damages in patent cases. In two cases decided together, Halo Elecs., Inc. v. Pulse Elecs., Inc., and...more

Knobbe Martens

Supreme Court Eases Rules for Larger Patent Damage Awards

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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

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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

Troutman Pepper

New Hope for Patent Owners: Supreme Court Eases the Path to Enhanced Damages

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Under the new standard, district courts will have considerably more discretion to find that an accused infringer acted willfully and enhance damages up to three times the amount of compensatory damages....more

Dorsey & Whitney LLP

The Renewed Standard for Awarding Enhanced Patent Damages

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On June 13, 2016, the U.S. Supreme Court issued an opinion with large ramifications for patent holders and potential infringers alike. Deciding the consolidated cases of Halo Electronics, Inc. v. Pulse Electronics, Inc. and...more

BCLP

Supreme Court Finds “Seagate” Test For Enhanced Patent Damages “Unduly Rigid” and “Impermissibly Encumbers” Discretion to Award...

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On June 13, 2016, the U.S. Supreme Court ruled unanimously that “there is no precise rule or formula” for awarding enhanced patent damages under 35 U.S.C. § 284. Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513,...more

Morgan Lewis

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

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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

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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

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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

Fish & Richardson

Enhanced Damages in Patent Cases to Depend on All Relevant Circumstances for “Egregious” Behavior

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The Supreme Court yesterday unanimously reversed the Federal Circuit’s decisions on enhanced damages involving patentees Halo and Stryker (in consolidated appeals). Under the Federal Circuit’s Seagate test, a patentee could...more

McDonnell Boehnen Hulbert & Berghoff LLP

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

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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"

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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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Halo Electronics, Inc. v. Pulse Electronics, Inc. and Stryker Corp. v. Zimmer, Inc.

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On June 13, 2016, the Supreme Court of the United States decided Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513, and Stryker Corp. v. Zimmer, Inc., No. 14-1520, holding that a patent-infringement plaintiff can...more

Nutter McClennen & Fish LLP

Supreme Court Ruling on at Least Five Patent-Related Cases

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To date, the Supreme Court has granted certiorari (commonly referred to as cert) to five patent-related cases this term, which will result in three oral arguments likely to be decided before the end of the term. Two of the...more

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