How Patent Clearance Strategy Might Change Post-Halo

The U.S. Supreme Court's June 2016 decision in Halo Electronics v. Pulse Electronics, No. 14-1513, made it easier for courts to enhance damages for patent infringement under 35 U.S.C. § 284. In Halo, the Supreme Court rejected the Federal Circuit's two-part test for enhanced damages, articulated in In re Seagate Technology LLC, 497 F.3d 1360 (2007) (en banc), as overly restrictive. The Supreme Court held that § 284 left enhanced damages to the district court's discretion, while noting that they have traditionally been reserved for cases of "egregious cases typified by willful misconduct." In this article, Finnegan partners Jeffrey C. Totten and Virginia L. Carron discuss how patent clearance strategies may change post-Halo.