Friday, February 19, 2016

Final Briefs Filed in Halo, Stryker Enhanced Damages Case

The reply briefs of Stryker Corp. and of Halo Corp. were filed on February 12.  Thanks to the Scotus Blog, Stryker's reply is available here.  I haven't been able to get a copy of Halo's reply yet but will link to it when I can.  Also, the last remaining amicus brief that I am aware of, of EMC Corp. in support of respondents, is available here.  (This last brief is interesting in that, like the brief filed by Public Knowledge, the Electronic Frontier Foundation, and Engine Advocacy in December, it cites some recent academic literature on forum shopping, in arguing that a return to the pre-Seagate standards for awarding enhanced damages would only aggravate the problem.)  The case is set to be argued before the currently eight-member U.S. Supreme Court next Tuesday, February 23.  (I'll probably post something on this after I've read the transcript.)  For the other briefs that have been filed in this case and my thoughts on the availability of enhanced damages, see here, here, here, herehere, here, here, and here.)   

I also just learned that American University's Washington College of Law will be hosting a post argument discussion (with live webcast) on Halo and Stryker on Tuesday afternoon at 4:45 p.m., by which time the argument will have been heard and (I expect) the transcript will be out.  Here is a link to information on the event.  Speakers will include Jonas Anderson, American University Washington College of Law; Donald Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Counsel for Respondent, Zimmer, Inc.; Christopher Seaman, Washington and Lee University School of Law, Counsel for Amici, Intellectual Property Professors, in Support of Neither Party; James C. Otteson, Arnold and Porter, Counsel for Amici, Innovention Toys, in Support of Petitioners; Michael Feldman, Durie Tangri, Counsel for Amici, Internet Companies, in Support of Respondents; and Michael Carroll, American University Washington College of Law (Moderator).

UpdateHere is a copy of Halo's reply brief, fresh off the Scotus Blog.

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