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Intellectual Property

Jun. 18, 2016

Enhanced patent infringement damages in a post-Seagate world

This week, the U.S. Supreme Court unanimously overturned the Seagate test for enhanced damages in patent infringement cases under 35 U.S.C. Section 284. By Brett J. Williamson and Brad Berg

Brett J. Williamson

O'Melveny & Myers LLP

Email: bwilliamson@omm.com

USC Law School; Los Angeles CA

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By Brett J. Williamson and Brad Berg

In Halo Electronics Inc. v. Pulse Electronics Inc., the U.S. Supreme Court unanimously overturned the Seagate test for enhanced damages in patent infringement cases under 35 U.S.C. Section 284. 2016 DJDAR 5663 (June 13, 2016). The Halo decision was not surprising ? last year the high court overturned a similarly rigid test the U.S. Court of Appeals for the Federal Circuit developed ...

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