Monday, January 4, 2016

Another Amicus Brief in the Halo Enhanced Damages Case

Here is one that I hadn't seen before, though it bears a date of December 16, 2015:  by MyKey Technology, Inc. in support of neither party.  This amicus brief (which appears to be filed in connection with Halo only, and not the companion case Stryker; not sure why) argues that the Supreme Court should read U.S. Patent Act section 284 as not requiring a showing of willfulness as a precondition to an award of enhanced damages; that such awards should be committed to the district court's discretion; and that they may serve both compensatory and punitive purposes.  

For links to the other amicus briefs that I am aware of as having been filed so far, see herePatently-O also published a post on the amicus briefs shortly before Christmas.  I shall endeavor to keep readers abreast of the remaining briefs when they come in.  According to Scotus Blog, oral argument in the two cases is set for February 23.

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