The general consensus is that the Supreme Court’s June decision in Halo Electronics v. Pulse Electronics eased the path to proving willfulness, as discussed previously on IP Litigation Current. Many speculated that one result of the Halo decision would be an increase in the value of patents, since a finding of willfulness may lead to trebling of damages.
While Halo did away with the objective prong of the willfulness inquiry, and also clarified that the requisite standard of proof for willfulness is a preponderance of the evidence as opposed to clear and convincing evidence, the question post-Halo has been: Now what? After all, the Supreme Court instructed that district courts “‘be guided by [the] sound legal principles’ developed over nearly two centuries of application and interpretation of the patent act.” Halo, 136 S. Ct. 1923, 1935 (2016) (quoting Martin v. Franklin Capital Corp., 546 U.S. 132, 136 (2005)). How have district courts have applied such guidance and legal principles post-Halo? Let’s have a look.