Halo Electronics, Inc. v. Pulse Electronics, Inc. and Stryker Corp. v. Zimmer, Inc.: The Supreme Court Lowers the Bar for Awards of Enhanced Patent Damages under 35 U.S.C. 284

Fitzpatrick Case Update
June 13, 2016

On June 13, 2016, a unanimous United States Supreme Court held that (1) an award of enhanced patent damages should be left to the discretion of the district courts, (2) entitlement to enhanced damages need only be proven by a preponderance of the evidence, and (3) an appellate court should review an enhanced patent damages award for abuse of discretion. Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513 (June 13, 2016).  The Court rejected the Federal Circuit’s Seagate framework as unduly rigid, which had required a showing of both objective and subjective recklessness by clear and convincing evidence and provided for a trifurcated appellate review process using the de novo, substantial evidence, and abuse of discretion standards. 

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