Calfee, Halter & Griswold LLPSupreme Court Powers-Up Patents Through Enhanced Damages In Litigation

June 14, 2016

HALO ELECTRONICS, INC. v. PULSE ELECTRONICS, INC., ET AL. Yesterday, the Supreme Court made two significant changes to patent law. First, the Supreme Court threw out the current test for enhanced damages holding it was unduly rigid. The Court held such rigidity limited a district court judge’s discretion to award enhanced damages. Second, the Court lowered the burden of proof necessary to find enhanced damages to a preponderance of the evidence. The previous standard was clear and convincing evidence. While the Court did not provide a new test, it indicated 180 years of enhanced damage awards established they are not to be meted out in typical cases, but instead as a sanction for egregious infringement behavior.

Click here to view the full decision. Calfee’s Intellectual Property Practice is one of the largest in Ohio and ranked by Chambers, BTI Consulting, US News and World Report, and Super Lawyers. Our Patent Litigation practice runs the gamut in technologies. Our bench of patent litigators have experience in all phases of litigation from discovery to trial to appeals. Click here to learn more about Calfee’s Patent practice.

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For additional information and discussion on this topic, please get in touch with your regular Calfee contact or one of the attorneys listed below: Ned Pejic 216.622.8835 npejic@calfee.com Chet J. Bonner 216.622.8891 cbonner@calfee.com  

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