Supreme Court of the United States · Official docket →
Corning Optical Communications RF LLC v. PPC Broadband, Inc.
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2017-1347 · judgment March 13, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
In Halo Electronics, Inc. v. Pulse Electronics, Inc., 136 S. Ct. 1923 (2016), this Court rejected the Federal Circuit’s misuse of “objective reasonableness” as a categorical bar to enhanced patent damages, but did not disturb the settled principle that the reasonableness of an infringer’s conduct is relevant in identifying “egregious” behavior warranting enhanced damages. Below, the District Court enhanced damages despite evidence that another Article III court had granted Corning summary judgment of non-infringement on the same claims. The District Court thus joined a growing number of courts in concluding that a finding of willful infringement suffices to support enhanced damages, regardless of the reasonableness of the defendant’s conduct. The Federal Circuit affirmed. Moreover, the jury’s willfulness finding was infected by an instruction that infringement was willful if Corning “should have known” that it likely infringed—a negligence standard that violates the “intentional or knowing” standard established in Halo. That issue is also before this Court in Bombardier Recreational Products Inc., BRP U.S. Inc., v. Arctic Cat Inc., No. 17-1645 (pet. for cert. filed June 6, 2018). The questions presented are:
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In determining whether to enhance damages for “egregious” infringement under §284, must courts consider all relevant circumstances, including evidence that the defendant’s position was objectively reasonable?
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Does a finding of willful infringement based on a “should have known” standard violate the requirement that willfulness be “intentional or knowing”?
Counsel of record
For petitioner
Kimball R. Anderson
Winston & Strawn
For respondent
John Michael Jakes
Finnegan, Henderson, et al.
Case
Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Amicus briefs
2 cert-stage
Linked docket
18A128
Order
Order list, December 10, 2018 · Certiorari denied
Proceedings
- Dec 10 2018Petition DENIED.
- Nov 20 2018Reply of petitioner Corning Optical Communications RF LLC filed.
- Nov 20 2018DISTRIBUTED for Conference of 12/7/2018.
- Nov 05 2018Brief of respondent PPC Broadband, Inc. in opposition filed.
- Oct 29 2018Brief amicus curiae of Samsung Electronics Co., Ltd. filed.
- Oct 29 2018Brief amicus curiae of Askeladden L.L.C. filed.
- Oct 19 2018Motion to extend the time to file a response is granted and the time is extended to and including November 5, 2018.
- Oct 18 2018Motion to extend the time to file a response from October 29, 2018 to November 5, 2018, submitted to The Clerk.
- Sep 27 2018Petition for a writ of certiorari filed. (Response due October 29, 2018)
- Aug 03 2018Application (18A128) granted by The Chief Justice extending the time to file until September 27, 2018.
- Aug 02 2018Application (18A128) to extend the time to file a petition for a writ of certiorari from August 12, 2018 to September 27, 2018, submitted to The Chief Justice.