Federal Circuit Vacates Enhanced Damages Award Against Cisco Because No Willfulness Before Knowledge of Patent
The Federal Circuit issued an interesting decision involving willful infringement last week, in particular relating to evidence needed to support a period of time during which the alleged willful activity took place. In SRI International, Inc. v. Cisco Systems, Inc., the appeals court found that SRI had not presented sufficient evidence to support a willfulness […]
Deloitte Survey Highlights Value of Legal Tech for In-house Legal Departments
Deloitte recently published a survey of 300 in-house legal department executives in nine different countries about their transformations in making better use of advances in technology to maximize efficiency, reduce cost and free up lawyers’ time to work more closely with the organization as a trusted business partner. Risk management functions lead the way in readiness and […]
Key Takeaways From AIPLA Panel on Halo
Last week at the AIPLA Annual Meeting I had the pleasure of participating in a panel discussion on the topic of Defending Against Willful Infringement Post-Halo. Moderated by Jesse Adland, in-house counsel at AMD, and joined by Natalie Morgan of Wilson Sonsini, Sarah Guske of Baker Botts and the Honorable Judge Kewalramani of the Central […]
Supreme Court Denies Cert in Arctic Cat: Willful Infringement Remains a “Knew or Should Have Known” Standard
Earlier this week, the Supreme Court issued an order denying certiorari in Bombardier Recreational Products Inc. v. Arctic Cat Inc. As a result, the holding of the underlying Federal Circuit case remains intact. We discussed this case and its implications in a blog post several weeks ago. Specifically, the Federal Circuit held: Halo did not disturb […]
Arctic Cat v. Bombardier at the Supreme Court — Is Willful Infringement Determined by a Negligence Standard?
Currently making its way through the Supreme Court appeal process (petition for certiorari filed, not yet granted), Arctic Cat v. Bombardier is an important willful infringement case that implicates the standard of care applicable to potential infringers when investigating patent risk. The current rule is that, in order to show willfulness and obtain enhanced damages, a […]
ClearstoneIP to Attend Upcoming IP Law Events
ClearstoneIP will be attending two major IP community events this fall. We’d love to meet you! 2018 IPO Annual Meeting, Chicago First, it’s the 2018 IPO Annual Meeting in Chicago on September 23-25th. ClearstoneIP will be exhibiting as part of the IP Expo, showcasing our continually evolving cloud platform for managing the complexities of the […]
Federal Circuit Affirms: No Enhanced Damages Against Willful Infringer Who Intentionally Copied
The Federal Circuit last week affirmed a district court’s denial of enhanced patent infringement damages in Sociedad Espanola de Electromedicina y Calidad v. Blue Ridge X-Ray Co., limiting the total damages to just the $852,000 jury award. In a previous summary of post-Halo cases, we noted the remarkable facts in the underlying trial: the defendants […]
Willful Infringement Case Update – Eidos Display v. Chi Mei Innolux
Earlier this month, Judge Gilstrap of the Eastern District of Texas issued a post-trial decision penalizing a patent infringer for failing to form a good-faith non-infringement or invalidity position before the lawsuit. The court doubled the $4.1 million verdict for a total of $8.2 million in damages. Eidos Display, LLC v. Chi Mei Innolux Corp., […]
Willful Infringement: More Clarity From the Federal Circuit — Exmark v. Briggs & Stratton and More
The Federal Circuit’s recent decision in Exmark v. Briggs & Stratton echoes the central point in our prior analysis of Halo v. Pulse that timing matters in determining whether an accused infringer did so willfully. The case leaves us with two key practical implications: Early investigation of patent threats can help avoid a finding of willful infringement; positions […]
An IP Thought Leader Shares Her Experiences with Clearstone FTO
Jackie Hutter thinks differently about IP protection and business value creation, and has built her practice around maximizing businesses’ return on innovation investment. She has a unique ability to recognize and seize opportunity for her clients, rather than put up fences. In a recent article, Jackie shared her experiences using Clearstone FTO for patent search […]