Objective Reasonableness Still Relevant Post-Halo

Law360, New York (September 29, 2016, 12:35 PM EDT) -- Steven Roth

Zhibin Li The U.S. Supreme Court recently held in its Halo[1] decision that an accused infringer's subjectively reckless behavior at the time of infringement can support a finding of willful infringement, even if its noninfringement positions at trial are objectively reasonable. But a finding of willful infringement does not necessarily mean that a court will award enhanced damages. After a finding of willful infringement, the district court still has discretion as whether to award enhanced damages. The U.S. Court of Appeals for the Federal Circuit has now held in WesternGeco LLC v. Ion Geophysical Corp.[2] that the objective reasonableness...

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