The Recorder
June 13, 2016
"Patent Bar Sees Fallout From SCOTUS Ruling"

Farella Braun + Martel intellectual property litigation partner James Day commented on the U.S. Supreme Court willful infringement ruling in Stryker v. Zimmer and Halo v. Pulse.

According to Mr. Day, "The Seagate test gave defendants a straightforward legal argument for summary judgment to exclude willfulness before trial. The new test will be fact-intensive, with the defendant trying to establish that a particular case is ‘garden-variety’ and the plaintiff trying to show that the alleged infringement is ‘egregious.’ Not only will summary judgment be more difficult, accused infringers could also mean more extensive discovery into "who knew what and when. All of that will likely give patent holders more leverage in settlement negotiations.

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