Negotiations in the United States Not Enough for Infringement Suit

Maier_03In Halo Electronics, Inc. v. Pulse Electronics, Inc. 13-1472 (10/22/2014), the Federal Circuit upheld a district court summary judgment that Pulse Electronics could not infringe Halo Electronics’ patents because Pulse manufactured, shipped, and delivered their products abroad.  Pulse conducted negotiations and pricing discussions concerning the sales in the United States, but the district court found that those discussions alone were not enough to amount to a sale in the United States.  The Federal Circuit also upheld the lower court finding that Pulse’s infringement based on products that were sold in the U.S. did not amount to willful infringement.

Perhaps most notably, Judges O’Malley and Hughes concurred in the holding, but called for the full court to review the standard for imposing enhanced damages.  The call for review indicates that the Supreme Court’s recent decisions regarding the award of attorneys’ fees in Highmark and Octane Fitness.  The Federal Circuit’s test for enhanced damages due to willful infringement mirrored the test for awarding attorneys’ fees that was overruled by the Supreme Court in Octane Fitness.

source: Maier & Maier, PLLC
345 South Patrick Street
Alexandria, VA 22314
www.maierandmaier.com

    • March 2024
      Mon Tue Wed Thu Fri Sat Sun
      « Jan    
       123
      45678910
      11121314151617
      18192021222324
      25262728293031
  • IP4all Weekly Bulletin

    You can subscribe to the weekly IP4ALL Bulletin.

  • IP Consulting Ltd. - Intellectual Property Consulting Agency
  • Landmark-TP
  • Ivan Georgiev - Rembrand
  • Global IP Attorneys - The world's leading address guide for patent,  trademark, copyright, intellectual property and IP attorneys. In just a few steps you can find your agency for registration and protection of your intellectual property, patent, design, copyright or trademark.
  • The Professional Sector Network is a referral and networking group that caters exclusively to leading firms with a history of excellence in the business, advisory and investment sectors.
  • Online source of information for the events and developments in the field of intellectual property worldwide
  • Jobs in USA
  • Become our partners
  • IP Basis®

  • IP Guide®