February 26, 2016
Partner Matthew Berkowitz and associate Patrick Colsher (both New York-Litigation) co-authored an article, titled “What a Reversal in Stryker and Halo Would Mean,” that was published on February 26 by Law360. The authors summarize the briefing and oral argument positions in the consolidated U.S. Supreme Court cases of Stryker Corp. v. Zimmer Inc. and Halo Electronics Inc. v. Pulse Electronics Inc., each of which addresses questions relating to enhancement of patent damages under 35 U.S.C. § 284. They also analyze the potential effects on patent litigation and opinion practice should the Supreme Court reverse and grant district courts greater discretion to enhance damages under Section 284.