Intellectual property litigation partner Andrew Thomases (Silicon Valley) was quoted in a Jan. 2 Law360 article on 2017 patent litigation trends to watch.
Mr. Thomases explains that the U.S. Supreme Court’s Halo decision for awarding enhanced damages in patent cases could lead to a revival of accused infringers getting letters from attorneys at the outset of a case stating that they don’t infringe or the patent is invalid as a defense against arguments later that they willfully infringed. Some risk-averse companies are asking for opinions, however, cases have not progressed enough to clarify how this will play out in litigation.
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