​The New Reality Of Patent Trials Post-Halo

By Jeremy Taylor, Sarah Guske and Wayne Stacy (November 13, 2018, 1:46 PM EST) -- Jury verdicts following the U.S. Supreme Court's 2016 Halo decision suggest that previous patent litigation strategies are no longer working for trial-bound cases, and new strategies must be adopted to effectively try cases after Halo. Defendants that do not properly prepare defenses to willful infringement early in a case are much more likely to be found liable for both infringement and willfulness at trial, and plaintiffs that do not capitalize on post-Halo strategies are missing a huge opportunity to win their case. In this post-Halo world, both plaintiffs and defendants need to rethink strategies for handling trial-bound patent infringement lawsuits — strategies that, in most situations, begin as soon as a case is filed....

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