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IP Litigators Co-Author Intellectual Property Magazine Article on Willful Infringement Post-Halo

Practices: Intellectual Property Litigation

IP litigation partner David Chun (Silicon Valley) and associate Courtney Cox (Boston) co-authored an article that examines willful infringement consequences and best practices after the Halo Electronics ruling by the U.S. Supreme Court, which established a new standard of willful infringement. The article appeared in the December/January 2017 issue of Intellectual Property Magazine.

The co-authors explain that willfulness is an evolving standard post-Halo and provide best practices that include: shifting the burden to the patent owner when little detail is provided; developing and communicating substantive defenses; engaging in licensing discussions; documenting and preserving records of independent R&D efforts and risk assessment; and considering Patent Trial and Appeal Board proceedings.

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