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Brian Pandya Discusses Supreme Court Ruling on Patent Infringement Damages Test
Brian H. Pandya, a partner in Wiley Rein’s Intellectual Property and Litigation practices, was quoted by Bloomberg News discussing the ruling by the Supreme Court of the United States that overturned the Seagate enhanced damages standards set by the U.S. Court of Appeals for the Federal Circuit in 2007. Yesterday’s ruling in Halo Elecs., Inc. v. Pulse Elecs. Inc. and Stryker Corp v. Zimmer Inc. provides for more flexible willful infringement tests. A finding of willful infringement can result in up to treble damages.
“The Supreme Court handed patent owners a major victory today,” Mr. Pandya told Bloomberg News. “The threat of willfulness had nearly been erased from patent litigation by recent Federal Circuit decisions, but now companies, especially tech companies, will need to factor that into their litigation strategies again.”