While this matter was under advisement, the Supreme Court issued its decision in Halo Electronics, Inc. v. Pulse Electronics, Inc. In the Halo decision, the Supreme Court overruled the objective prong of Seagate, leaving the issue of willfulness as solely a factual issue for the jury. In this case, “the jury was instructed to make a factual determination as to whether the DRGEM defendants acted willfully, and the jury answered this question in the affirmative.” Because the court no longer needed to analyze the “objective recklessness” prong of Seagate, the jury’s finding was sufficient to support a finding of willfulness in view of Halo.
Sociedad Espanola De Electromedicina y Calidad v. Blue Ridge X-Ray Co., C.A. No. 1:10-cv-00159-MR (W.D.N.C. July 8, 2016).