Publication
How the new Building Canada Act works
On June 26, Bill C-5, the One Canadian Economy Act, received royal assent. The One Canadian Economy Act introduces two pieces of legislation aimed at bolstering economic development in Canada.
Halo v. Pulse: a new chapter for willfulness and enhanced patent damages
Publication | April 2017
George W. Jordan III, a senior counsel at Norton Rose Fulbright US LLP in Houston, Texas, has been representing companies in patent litigation and clearance matters for two decades. He can be reached at george.jordan@nortonrosefulbright.com.
The Supreme Court’s Halo v. Pulse decision in June 2016 striking down the Federal Circuit’s two-prong, objective/subjective test in In re Seagate for awarding enhanced patent damages under 35 U.S.C. § 284 raises new and important questions about district court discretion, egregious misconduct (such as by an intentionally infringing "pirate"), appellate review, and burden of proof. To explore these questions and offer practice tips in the process, this article traces the history of willfulness and enhanced damages and describes the current regime established by Halo, which eliminated the loop-hole of an after-the-fact, litigation-inspired defense to willfulness, lowered the burden of proof for enhanced damages, and simplified appellate review of enhanced damages.
Read the full article: Halo v. Pulse a new chapter for willfulness and enhanced patent damages
Recent publications
Publication
Real estate focus: June 2025
In this edition we report on the Law Commission’s interim statement on 1954 Act reform following its two November consultations. We then examine the facts, judgments and implications of 3 recent cases: Emily Colville comments on the progress of a case determining whether or not a roof top garden should be considered a “storey” for the purposes of the Building Safety Act 2022.
Subscribe and stay up to date with the latest legal news, information and events . . .