News & Analysis as of

Seagate Octane Fitness v. ICON

Akin Gump Strauss Hauer & Feld LLP

The District Court May Consider Objective Reasonableness of the Infringement Defenses as Part of the Evaluation of the Totality of...

On remand from the Supreme Court, the Federal Circuit vacated the judgment of the district court that defendant ION Geophysical Corporation (ION) does not willfully infringe the asserted patents of plaintiff WesternGeco...more

Cadwalader, Wickersham & Taft LLP

Supreme Court Reinvigorates Effectiveness of Obtaining an Opinion of Counsel to Defend against Potential Enhanced Damages for...

On June 13, 2016, the U.S. Supreme Court again reversed a decision of the Federal Circuit—the Circuit specially designated to hear all patent appeals—this time, in articulating the test for determining whether to award...more

McDermott Will & Emery

The New Willfulness Paradigm

McDermott Will & Emery on

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

Ladas & Parry LLP

Halo V Pulse: High Court Relaxes Standard For Enhanced Patent Damages

Ladas & Parry LLP on

On June 13, 2016 Chief Justice Roberts delivered a unanimous decision of the Supreme Court in the case of Halo v. Pulse on the question of when enhanced damages can be awarded for patent infringement. This decision reversed...more

Polsinelli

Supreme Court Loosens Standard for Willful Infringement/Enhanced Damages

Polsinelli on

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

Brownstein Hyatt Farber Schreck

Supreme Court Resurrects Enhanced Damages Awards Under § 284

On Monday, in a significant victory for patent owners, the U.S. Supreme Court swept away the Federal Circuit’s “inelastic” framework for assessing enhanced patent damages and found that 35 U.S.C. § 284 means what it says:...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

Goodwin

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

Goodwin on

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 & Lardner LLP

Supreme Court Adopts More Flexible Standard For Enhanced Damages For Willful Infringement

Foley & Lardner LLP on

In Halo Electronics, Inc. v. Pulse Electronics, Inc., the Supreme Court rejected the Federal Circuit’s two-part Seagate test for awarding enhanced damages under 35 USC § 284, finding that both the substantive requirement for...more

Eversheds Sutherland (US) LLP

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

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

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