On Thursday, June 30 at 2 p.m. EST, the IP Chat Channel is presenting a webinar titled Goodbye to Seagate: Willfulness and Enhanced Damages After Halo. Here is a link to the webpage, and here is a description of the webinar:
This month’s U.S. Supreme Court decision in Halo and Stryker makes it easier for a plaintiff in a patent infringement case to win enhanced damages for willfulness. But how much easier? And which of the changes to the Seagate standard – throwing out the threshold of “objective recklessness”, lessening the burden of proof, or rejecting the Federal Circuit’s tripartite framework for appellate review — will have the most impact and in what kind of situations? Our panelists are litigators involved in cases involving willfulness, including C.R. Bard v. Gore and Innovention Toys v. MGA, and PPC v. Corning. They will discuss litigation strategy going forward, and other questions, such as whether companies should reevaluate policies regarding opinions of counsel on non-infringement during product development.
Panelists will include David Caine of Arnold & Porter, Steven Cherny of Kirkland & Ellis, and Mark Davies of Orrick.
For my initial thoughts on Halo, see here. For other discussion, see Dennis Crouch's take on Patently-O, Mike Mireles's take on IPKat, and Lisa Larrimore Ouellette's take on Written Description.
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