Document Type
Article
Publication Date
3-3-2025
Abstract
This article critically examines the Federal Circuit's February 2025 decision in Halo v. Pulse, focusing on the court's approach to enhanced damages in patent infringement cases. The analysis identifies a fundamental tension between jury findings of willful infringement under a clear and convincing evidence standard and the district court's subsequent discretion to deny enhanced damages by essentially reconsidering the same evidence. The article argues that the Federal Circuit's affirmation of this approach undermines the Supreme Court's 2016 Halo decision, which sought to make enhanced damages more accessible in cases of egregious misconduct. By creating an artificial distinction between "willful infringement" and conduct warranting enhanced damages, the Federal Circuit has established a problematic two-tiered system that potentially diminishes the deterrent effect of willfulness findings. The article further critiques the appellate court's unsupported inference that the district court viewed Pulse's conduct as presenting a "close question," highlighting how this judicial speculation creates problematic precedent for future willfulness cases and raises Seventh Amendment concerns about undermining the jury's role in patent litigation.
Recommended Citation
Dennis D. Crouch,
Second-Guessing the Jury: The Federal Circuit's Flawed Take on Enhanced Damages in Halo v. PulsePatently-O
(2025).
Available at: https://scholarship.law.missouri.edu/facpubs/1230