Bloomberg BNA Publishes Elderkin and Verrecchio Analysis of Halo Decision

Bloomberg BNA’s Patent, Trademark and Copyright Journal has published the article “Defending Against Willfulness After Halo,” written by Akin Gump intellectual property partner Dianne Elderkin and senior counsel Angela Verrecchio. The article looks at the Supreme Court’s decision in Halo Elecs, Inc. v. Pulse Elecs., Inc., which the authors say “upended the defenses an accused infringer can rely on to defend itself from a charge of willful infringement (and the possibility of treble damages).”

Elderkin and Verrecchio outline the steps a defendant can take to avoid a determination of willfulness, both with and without the reliance on advice of counsel. They suggest that many factors must be taken into consideration as part of a defendant’s strategy, including whether “evidence of good faith could be presented in those instances where a dispute over a third party’s patent escalates to litigation.”

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