December 2015

Enhanced Damages: An Inevitable Shift?

By: Emily A. Curtis  |   December 11, 2015

After overturning Federal Circuit precedent regarding the standards required to award attorney fees in patent cases, the highest court has agreed to hear additional patent cases related to awarding damages. See Halo Electronics, Inc. v. Pulse Electronics, Inc., 769 F.3d 1371 (Fed. Cir. 2014). The Supreme Court granted certiorari for Halo Electronics, Inc. v. Pulse Electronics, Inc.and Stryker Corp. v. Zimmer, Inc., 782 F.3d 649 (Fed. Cir. 2014), both concerning the standards applied by district courts and the Federal Circuit when treble damages for patent infringement are requested under 35 U.S.C. § 284. Given recent jurisprudence with respect to an analogous two-prong test in awarding attorneys’ fees in patent cases, has the Supreme Court already revealed how it will decide Halo and Stryker?