By Matthew Werber, SpencePC ( January 13, 2017, 1:38 PM EST) -- Roughly six months ago, the U.S. Supreme Court handed down Halo Electronics Inc. v. Pulse Electronics Inc., 136 S. Ct. 1923 (2016), which, in a nod to patent plaintiffs, loosened what the unanimous court called "unduly rigid" barriers to a finding of willful infringement and enhanced damages (up to three times) under 35 U.S.C. § 284. Since then, courts have handed down a string of decisions shedding light on Halo's impact. These post-Halo decisions reveal two trends: (1) plaintiffs are aggressively pursuing willfulness allegations more frequently than before; and (2) defendants are more incentivized to seek and rely on timely advice on noninfringement/invalidity from counsel (also known as opinion letters)....
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