Cantor Colburn Client Alert: Halo Electronics
On June 13, 2016, the Supreme Court, in Halo Electronics, Inc. v. Pulse Electronics, lowered the standard for awarding attorneys’ fees and multiple damages in patent cases. The trial court will now need to determine whether the accused infringer “more likely than not” acted recklessly, i.e. “knowingly or had reason to know” that they were infringing. Based on this ruling, clients are strongly encouraged to consult with counsel regarding a “freedom to operate opinion” before any new product is introduced to avoid future pitfalls if litigation ensues. See more.