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12 Jul 2016, 2:36 pm by The Federalist Society
§ 284 was not appropriate, after applying the Circuit’s two-part objective/subjective test for willful or bad-faith infringement set forth in In re Seagate Tech., LLC. [read post]
12 Jul 2016, 6:44 am by Docket Navigator
The Court deferred entering a judgment on the jury’s verdict, however, in order to consider the objective prong of the [In re Seagate Tech., LLC, 497 F.3d 1370 (Fed. [read post]
5 Jul 2016, 10:15 am by James Yang
To retain the Seagate two-part test, the first and second parts of the Seagate test must be decoupled. [read post]
1 Jul 2016, 6:44 am by Docket Navigator
"The [MDL judge's] order relied exclusively on [In re Seagate Tech., LLC, 497 F.3d 1360 (Fed. [read post]
30 Jun 2016, 2:31 pm by Audrey A Millemann
” Thus, in discarding the Seagate test, the Court did not replace it with a new test. [read post]
28 Jun 2016, 6:41 am by Dennis Crouch
 The decision rejects the objective-recklessness standard of Seagate (Fed. [read post]
27 Jun 2016, 12:29 pm by Gene Quinn
 In re Seagate adopted a two-part test for determining when a district court could increase damages pursuant to §284, which was simply too rigid. [read post]
27 Jun 2016, 5:07 am by Ed. Microjuris.com Puerto Rico
Manifestó que el estándar de In re Seagate Technology, LLC id. impone una carga evidenciaría que no contempló el Congreso cuando legisló el 35 U. [read post]
26 Jun 2016, 8:25 pm by Patent Docs
June 29, 2016 - "Arrival of a New Privilege and a Review of Potential Waivers of Privilege in Business Contexts" (American Intellectual Property Law Association) - 12:30 - 2:00 pm (Eastern) June 30, 2016 - "Goodbye to Seagate: Willfulness and Enhanced Damages After Halo" (Intellectual Property Owners Association) - 2:00 to 3:00 pm (ET) July 6-8, 2016 - Fundamentals of Patent Prosecution 2016: A Boot Camp for Claim Drafting & Amendment Writing (Practising Law… [read post]
25 Jun 2016, 8:19 pm by Patent Docs
The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Goodbye to Seagate: Willfulness and Enhanced Damages After Halo" on June 30, 2016 from 2:00 to 3:00 pm (ET). [read post]
24 Jun 2016, 6:58 am by Docket Navigator
. __ (June 13, 2016)], the Supreme Court rejected the Federal Circuit’s two-part test from Seagate for determining when a district court may award enhanced damages as inconsistent with § 284. [read post]
24 Jun 2016, 2:15 am by Michael Sandonato
In rejecting the objective prong of Seagate, the Court rejected the notion that a defendant may escape the specter of enhanced damages by asserting a defense that the defendant was unaware of at the time the infringement occurred. [read post]
23 Jun 2016, 6:15 am by Kara R. Fussner
Pulse Elecs. decision, the Supreme Court unanimously rejected the Federal Circuit’s Seagate standard for awarding enhanced damages in patent cases under Section 284, finding the Federal Circuit’s two-part test “impermissibly encumbers the statutory grant of discretion to district courts. [read post]
19 Jun 2016, 10:02 pm by Barry Barnett
Rulings Writing for an 8-0 court, Chief Justice Roberts rejected three key aspects of Seagate. [read post]
17 Jun 2016, 11:56 am
" The Court also noted that the Seagate test improperly allowed ex post facto defenses in considering culpability. [read post]
16 Jun 2016, 1:55 pm by Lisa Ouellette
But as explained by a former Chief Judge of the Federal Circuit, the risk of liability under Seagate was minimal: “The people who say, ‘Don’t read your rival company’s patents because you’ll get hung for willful infringement’—I think that’s ridiculous. [read post]
14 Jun 2016, 1:09 pm by Morse, Barnes-Brown Pendleton
Since 2007, under the now-overturned-Seagate-analysis, a patent infringer could more easily […] [read post]