What A Reversal In Stryker And Halo Would Mean

Law360, New York (February 26, 2016, 10:27 AM EST) -- Matthew Berkowitz

Patrick Colsher Briefing and oral argument are now complete in the consolidated U.S. Supreme Court cases of Stryker Corp. v. Zimmer Inc. and Halo Electronics Inc. v. Pulse Electronics Inc., which each address questions relating to enhancement of patent damages under 35 U.S.C. § 284.[1]

This article summarizes the briefing and oral argument positions, and analyzes the potential effects on patent litigation and opinion practice should the Supreme Court reverse and grant district courts greater discretion to enhance damages under Section 284.

35 U.S.C. § 284 recites, in relevant part, that after finding for the claimant, “the court may...

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