Halo Gives Juries Bigger Role On Enhanced Patent Damages

By Ryan Davis (August 4, 2016, 4:55 PM EDT) -- The U.S. Supreme Court's Halo decision relaxing the standard for proving willful patent infringement will result in juries deciding that issue more often than they did previously, attorneys say, although judges will still decide whether to award enhanced damages and may wield that power vigorously.

The Supreme Court eliminated an aspect of the willfulness determination that had previously been reserved for judges, who had the power to grant summary judgment that no willful infringement occurred. That prevented questions of willfulness from ever getting to the jury in those cases, and so, under the high court's June ruling, juries will now have...

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