Posts Tagged: Halo Electronics v. Pulse Electronics


A review of enhanced damages since Halo: Minimizing potential exposure to enhanced damages

Since the Supreme Court’s decision in Halo, there have been approximately 100 cases analyzing whether the adjudged infringer acted egregiously/willfully en route to a determination of …
By Theodore Chiacchio
10 days ago 0

Halo v. Pulse: CAFC Dismisses Premature Appeal of Pending Judgment Interest Award

The Court first addressed whether the district court’s decision awarding Halo pre- and post-judgment interest and ordering the parties to either file a stipulation on the …

The Year in Patents: The Top 10 Patent Stories from 2016

To come up with the list below I’ve reviewed all of our patent articles, and have come up with these top 10 patent stories for 2016. They appear …
By Gene Quinn
9 months ago 7

IPR Evidence and Trial Impact for Practitioners

For accused infringers relying on invalidity defenses that were presented in an inter partes review (“IPR”) to fight willful infringement allegations in district court, the shift in …
By Sarah Guske & May Eaton & Jay Schiller
12 months ago 1

Jury’s Willfulness Determination Affirmed Under Modified In re Seagate Standard

Stryker Corporation was awarded $70 million in lost profits after a jury found that Stryker’s patents were valid and willfully infringed by Zimmer. The district court affirmed …

Negotiation to Sell Products Outside the US is not an Infringing Offer for Sale

The Federal Circuit again addressed whether Pulse’s domestic sales activities were either a sale or an offer for sale in the U.S. While the patent …

Halo v. Pulse and Stryker v. Zimmer: SCOTUS Finds Seagate Test Objectively Unreasonable

In rejecting the objective prong of Seagate, the Court rejected the notion that a defendant may escape the specter of enhanced damages by asserting a defense that …

Discretion Beats Out Bright Line Test for Enhanced Patent Damages: Halo v. Pulse

In last week’s Halo Elecs. v. Pulse Elecs. decision, the Supreme Court unanimously rejected the Federal Circuit’s Seagate standard for awarding enhanced damages in patent …
By Kara R. Fussner
1 year ago 2

The Supreme Court should follow their own Halo advice in §101 patent eligibility decisions

Essentially, the Supreme Court told the Federal Circuit that they needed remedial reading lessons. The statute is clear: “may” means district courts have discretion. The Supreme Court …
By Gene Quinn
1 year ago 16

Has the Supreme Court Breathed New Life into Patent Trolls in Halo and Stryker?

The chance of a court tripling damages for patent infringement has significantly increased. The Supreme Court, Halo Electronics, Inc. v. Pulse Electronics, Inc., et al. and Stryker …
By Chase Means
1 year ago 12

In Halo Electronics SCOTUS gives district courts discretion to award triple damages for willful infringement

Earlier today, in a unanimous decision delivered by Chief Justice John Roberts in Halo Electronics, Inc. v. Pulse Electronics, Inc., the United States Supreme Court did what …
By Gene Quinn
1 year ago 4

Will Vacancy Caused by Passing of Justice Scalia Put US Supreme Court in a Pinch on IP Matters?

Justice Scalia never hid the fact that patent law was his “blind spot”. He also admitted to often taking his cues on IP issues from his colleague …
By Louis Carbonneau
2 years ago 4

2015 Supreme Court Term: Cert Petitions to Watch

Since the start of the Supreme Court’s term in October, the Court has already agreed to hear two patent cases, Halo Electronics, Inc. v. Pulse Electronics, …

History Repeating Itself at the Supreme Court

The Supreme Court recently decided to review a pair of cases that challenge the Federal Circuit’s willful infringement test. The two cases, Halo Electronics, Inc. v. …
By Alex M. Grabowski
2 years ago 1

Will the Supreme Court bring balance back to the patent market?

Patent damages generally, and enhanced damages specifically, are a patent political powder keg because there are so many corporations that are users of technology. These technology using, …
By Gene Quinn
2 years ago 23