Attorneys React To High Court's Patent Damages Ruling

Law360, New York (June 13, 2016, 6:52 PM EDT) -- The U.S. Supreme Court Monday decided to discard the Federal Circuit's strict test for awarding enhanced damages in patent cases, finding that the circuit's high bar for patent owners was not justified under the Patent Act. Here, attorneys tell Law360 why the decision is significant.

Dan Bagatell, Perkins Coie LLP

“From a practical perspective, [Halo Electronics Inc. v. Pulse Electronics Inc.] will make it much harder for accused infringers to win summary judgment taking enhanced damages and bad documents off the table. Under Seagate, district courts liberally granted summary judgment of no willfulness on grounds that a defense was objectively reasonable...

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