Supreme Court Review 2016/2017 TERM
SATURDAY, SEPTEMBER 23, 2017
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Issue:  Patent Infringement
Consolidated With:  Stryker Corp. v. Zimmer, Inc.

Halo Electronics, Inc. v. Pulse Electronics, Inc.

14-1513

QUESTION(S) PRESENTED

1. Whether the Federal Circuit erred by applying a rigid, two-part test for enhancing patent infringement damages under 35 U.S.C. § 284, that is the same as the rigid, two-part test this Court rejected last term in Octane Fitness, LLC v. ICON Health & Fitness, Inc., 134 S. Ct. 1749 (2014) for imposing attorney fees under the similarly-worded 35 U.S.C. § 285.

2. Whether the Federal Circuit erred by holding that a U.S. defendant does not “sell” or “offer to sell” the patented invention “within the United States” under 35 U.S.C. § 271(a), even though it enters a requirements contract with a U.S. customer that they negotiate and execute in the U.S., that is governed by California law, that specifies the material terms, and that creates legally binding obligations.

DECISION

Decided June 13, 2016 HOLDING

The Seagate test is not consistent with §284.

Agree image Justice Sotomayor
Agree Sotomayor
Agree Concur image Justice Breyer
Agree Concur Breyer
Agree image Justice Thomas
Agree Thomas
Recused image Justice Scalia
Recused Scalia
Author image Chief Justice Roberts
Author Roberts
Agree Concur image Justice Kennedy
Agree Concur Kennedy
Agree image Justice Ginsburg
Agree Ginsburg
Agree Concur image Justice Alito
Agree Concur Alito
Agree image Justice Kagan
Agree Kagan

ROBERTS, C. J., delivered the opinion for a unanimous Court. BREYER, J., filed a concurring opinion, in which KENNEDY and ALITO, JJ., joined.

Text of Opinion
pdf download

ORAL ARGUMENT

Argued February 23, 2016

Transcript
pdf download

CERTIORARI STAGE

Granted October 19, 2015

Certiorari Stage Documents
      Petition for Certiorari (pdf download)
Brief in Opposition (pdf download)
Petitioner's Reply (pdf download)

PROCEEDING BELOW

United States Court of Appeals for the Federal Circuit
Decided October 22, 2014