The Legal Intelligencer Publishes Akin Gump Analysis of Good Faith Defense Post ‘Halo’
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The Legal Intelligencer has published the article “‘I Didn’t Mean to Do It!’—A Post-‘Halo’ Good Faith Defense to Willful Infringement,” written by Akin Gump intellectual property partners Michael Kahn and Rachel Elsby and counsel Michael Petegorsky.
The article explores the various requirements for proving a “good faith” defense after the 2016 Supreme Court decision in Halo Electronics v. Pulse Electronics in which the Justices ruled that infringement of a patent did not have to be objectively reckless. Instead, the Court focused on an accused infringer’s “subjective belief at the time of infringement.” The authors write that Halo also “lowered the evidentiary burden on patentees to a preponderance of the evidence.”
To read more about the legacy of the Halo decision, click here to read the article in its entirety.
