Attorneys & Professionals
Michael Garvin, a partner in the Vorys Cleveland and Akron offices, was featured in an Intellectual Property Law360 article regarding the U.S. Supreme Court’s decision not to uphold the Federal Circuit's strict test for awarding enhanced damages in patent cases.
The story featured the following quote from Garvin:
“‘The Supreme Court’s decision in Halo was compelled by its 2014 decision in Octane Fitness, which reversed the Federal Circuit’s prior standard for awarding attorneys’ fees to the prevailing party. Justice [John] Roberts’ opinion noted that enhanced damages awards have been reserved for ‘egregious infringement behavior,’ involving conduct described as ‘wanton,’ ‘malicious’ and ‘characteristic of a pirate.’ Given this strong language, today’s decision does not clearly signal that enhanced damages will be awarded more frequently in the future, but prevailing plaintiffs will certainly be more aggressive in seeking such awards.’”
To read the entire story, visit the Intellectual Property Law360 website. (Subscription required).