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Past Event
16 June 2016


  • Andrew J. Pincus
    T +1 202 263 3220
  • Brian A. Rosenthal
    T +1 212 506 2754

What's Willful Now? The Practical Impact of the US Supreme Court's Halo v. Pulse Patent Willfulness Decision

This week the US Supreme Court struck down the Federal Circuit's Seagate standard for determining willfulness and awarding enhanced damages in patent infringement cases. The Court’s Halo v. Pulse decision represents a departure from 10 years of jurisprudence and will significantly change how willfulness claims are litigated.

Please join Andy Pincus and Brian Rosenthal as they discuss the legal and practical implications of this important decision.

Topics include:

  • How does Halo change the standard for finding willfulness and awarding enhanced damages?
  • Will the new test mean more awards of enhanced damages—or awards in different types of cases?
  • What about the change in burden of proof, and the standard of appellate review?
  • How will litigation strategy—and settlement dynamics—change for plaintiffs? For defendants?
  • What is the impact on pending cases?
  • Will Halo affect the decision whether to obtain opinions of counsel, and whether to waive privilege?

CLE is not available when listening to a recording of this program. In order to receive credit you must have attended the live webinar program.


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