On Thursday, February 23, 2017, at 2 p.m. Eastern Time the IP Chat Channel will broadcast a webinar titled Willfulness, Enhanced Damages, and Opinions of Counsel Since Halo. Here is a link to the website, if you're interested in registering, and here is a description:
It's been more than six months since the U.S. Supreme Court's Halo decision lowered the bar for proving willful infringement, and this boon for plaintiffs is quickly changing trial strategy. Our panel of experienced litigators will begin by examining how courts post-Halo have decided the sufficiency of pleading for enhanced damages at the motion-to-dismiss stage. Then the panel will consider the factors that have most strongly influenced recent district court decisions to enhance - or not enhance - damages, including notice by the patent owner (cases such as CH2O and Finjan), copying (Westerbeke, Imperium, and PPC),and opinions of counsel (Dominion, Presidio, and Boston University). A favorably timed opinion of counsel can prove successful in warding off a finding of willfulness, but defendants need to consider the effect of an opinion of counsel on attorney-client privilege.
Panelists will be Natalie Hanlon Lee, Christopher Marchese, and Michael Zeliger.