Halo v. Pulse

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

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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 […]

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

Leave a Comment / Duty to Non-Client, Duty to Tribunal, Patent Ethics, Patent Litigation Ethics / By

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”

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