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Mossoff Files Amicus Brief in Halo v. Pulse Discussing History of Patent Licensing and Litigation

On December 16, 2015, Professor Adam Mossoff filed an amicus brief in Halo Electronics, Inc. v. Pulse Electronics, Inc., a case currently before the Supreme Court concerning the proper test for enhancing patent infringement damages.

Professor Adam Mossoff
Professor Adam Mossoff

Mossoff offers the Court historical insights to counter the argument made by some that enhanced damages should not be available to those who merely licensing their patented innovations. First, he explains how “patent licensing has played a significant and important role in the patent system since the early nineteenth century” that drives “America’s innovation economy.” Second, he demonstrates that “patent litigation rates are within historical norms and, in fact, are lower than patent litigation rates seen for decades in the Antebellum Era.”