More Enhanced Damages on the Way?
By: Andreas Baltatzis & Emily A. Curtis | July 5, 2016
Following 2014 opinions changing the standards for attorneys’ fees in patent cases, the Supreme Court lowered the standard for awarding treble damages in patent infringement cases. See Halo Electronics, Inc. v. Pulse Electronics, Inc., Nos. 14-1513 and 14-1520 (S.Ct. June 13, 2016). This decision will affect more than the final award given in a suit. Parties may adjust prelitigation strategies to conform to new standards that need to be met to avoid additional damages in an infringement suit.