HIGH COURT RELAXES STANDARD FOR ENHANCED PATENT DAMAGES in HALO V PULSE

On June 13, 2016 Chief Justice Roberts delivered a unanimous decision of the Supreme Court in the case of Halo v. Pulse on the question of when enhanced damages can be awarded for patent infringement. This decision reversed an earlier decision of the Federal Circuit. Breyer J. authored a concurring opinion.

The decision seems likely to make it easier to obtain an award of enhanced damages than before, although whether it will have as dramatic effect as the Supreme Court’s decision a couple of years ago in Octane Fitness v. Icon Fitness on awards of attorney fees remains to be seen.

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