On Monday, the US Supreme Court granted certiorari in two cases in which damages were enhanced for willful patent infringement. The cases, Halo Electronics, Inc. v. Pulse Electronics, Inc. (14-1513) and Stryker Corporation v. Zimmer, Inc. (14-1520), have been consolidated for decision and will be heard by the Court in a single, one-hour oral argument. At issue is whether the Federal Circuit’s two-step test for enhancing patent infringement damages under 35 U.S.C. §284 is too rigid. Last year, in Octane, the Court found that a two-part test for imposing attorney fees under the similarly worded 35 U.S.C. § 285 was too stringent and lowered the standard for shifting fees in patent cases.
