Lessons From Post-Halo Enhanced Damages Decisions

The U.S. Supreme Court's June 2016 decision in Halo Electronics v. Pulse Electronics confirmed district courts' discretion in enhancing damages for patent infringement under 35 U.S.C. § 284. The court rejected the Federal Circuit's two-part test from In re Seagate Technology LLC, which had previously allowed some arguments raised at trial, but not previously considered by the accused infringer, to negate findings of willful infringement. Noting that "culpability is generally measured against the knowledge of the actor at the time of the alleged conduct," the Supreme Court encouraged district courts to assess enhancement of damages based on the "particular circumstances of each case."¹