Supreme Court throws Seagate test overboard – Ruling loosens standard for enhanced patent infringement damages

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Abstract: The U.S. Supreme Court has released its long-awaited decision on the proper criteria for enhanced damages awards in patent infringement cases. This article summarizes two patent infringement cases and reviews the two-part test for determining damages adopted in In re Seagate Technology, LLC. It explains why the Court vacated the Federal Circuit’s decisions in the two cases and sent them back for reconsideration under a new standard. A sidebar discusses how the Court’s ruling eases the burden of proof for enhanced damages. Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513, June 13, 2016 (U.S.) Stryker Corporation v. Zimmer, Inc., No. 14-1513, June 13, 2016 (U.S.) Octane Fitness, LLC v. ICON Health & Fitness, Inc., No. 12-1184, April 29, 2014 (U.S.) In re Seagate Technology, LLC, 497 F. 3d 1360, Aug. 20, 2007 (Fed. Cir.)