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 EthicsLeave a Comment

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