Thoughts On Patent Damages Landscape Post-Halo

Law360, New York (August 8, 2016, 11:30 AM EDT) -- Gauri Prakash-Canjels

Matthew Harrison

Alex Mann Patent damages awards just got bigger — or, bigger awards just became more likely. On June 13, 2016, the U.S. Supreme Court unanimously overturned the ruling of an appellate court that had applied a “strict” legal standard for awarding enhanced damages in patent disputes, and laid the groundwork for a more reasoned approach to enhanced damages considerations in cases involving willful infringement.

Section 284 of the Patent Act provides that, in a case of willful infringement, courts may increase the...
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