Jeff Wall Quoted in Bloomberg BNA Patent, Trademark & Copyright Journal—Daily Edition Article on Supreme Court Patent Infringement Cases

February 22, 2016

On February 22, Mr. Wall's oral argument before the U.S. Supreme Court was covered by Bloomberg BNA's Patent, Trademark & Copyright Journal—Daily Edition article titled “High Court Argument Split on Patent 'Trolls vs. Pirates.'” The article discussed two patent infringement cases that are currently before the Supreme Court, Halo Elecs., Inc. v. Pulse Elecs., Inc. and Stryker Corp. v. Zimmer, Inc. The Court is examining the Federal Circuit standard of awarding “enhanced damages” for patent infringement, or damages of up to triple the base amount, when the infringement is found to have been willful. Mr. Wall, who is counsel of record for the patent-owning Stryker, argued that the Federal Circuit's current standard gives willful infringers, or “pirates,” too much leeway. He noted to the Court that under this standard, “a large number of the worst infringers, even bad-faith copiers, are immunized from any enhancement.” He further warned that the clause gives excessive protection to “efficient infringers,” or “people who can infringe, knowing that they can discount by the probability that they'll be found to have infringed in litigation with virtually no back-end penalty, even if they are a very bad infringer.”