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Matt Werber featured in Law360!

The Return of Patent Opinion Letters

Roughly six months ago, the U.S. Supreme Court handed down Halo Electronics Inc. v. Pulse Electronics Inc., 136 S. Ct. 1923 (2016), which, in a nod to patent plaintiffs, loosened what the unanimous court called “unduly rigid” barriers to a finding of willful infringement and enhanced damages (up to three times) under 35 U.S.C. § 284. Since then, courts have handed down a string of decisions shedding light on Halo’s impact. These post-Halo decisions reveal two trends: (1) plaintiffs are aggressively pursuing willfulness allegations more frequently…

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