by Dennis Crouch
After 18 years of litigation, the Federal Circuit has once again ruled in the patent infringement case Halo v. Pulse. The February 28, 2025 opinion, authored by Judge Bryson, deals with enhanced damages, attorney fees, prejudgment interest, and the denial of a new damages trial. On the biggest issue, punitive damages, I explain why the Federal Circuit was wrong in affirming the district court’s refusal to enhance damages. In my view, the Federal Circuit sidestepped the practical implications of the jury's willfulness, treating the verdict as a checkbox rather than a meaningful factual finding for enhanced damages.
Read on for my full analysis.
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