CLE: Advice of Counsel Defense and Privilege Waivers In Patent Litigation Post-Halo

Michael E. McCabe, Jr.Continuing Legal Education0 Comments

CLE courses seem to be popping up left and right about the impact of the Supreme Court’s 2016 Halo v. Pulse decision reversing the prior Seagate willful infringement standard.  The focus of these other CLEs seems to be more on the substantive law of willfulness and how the district courts have responded to the issue and applied the Halo standard. … Read More

Putting On Your Halo: Patent Litigators’ Ethical Duty To Communicate Change In Willfulness Law

Michael E. McCabe, Jr.Duty to Non-Client, Duty to Tribunal, Patent Ethics, Patent Litigation Ethics0 Comments

Last week, the Supreme Court issued an opinion that significantly altered the legal landscape for proving willful infringement in patent cases. In Halo Electronics, Inc. v. Pulse Electronics, Inc., the Supreme Court rejected the Federal Circuit’s two-part Seagate test for awarding enhanced damages under 35 USC § 284, finding that both the substantive requirement for “objective recklessness” and the “clear and convincing” … Read More