is a partner in Dentons’ Patent Litigation and Intellectual Property and Technology practice in San Francisco. She has a significant track record as the managing lawyer in complex patent infringement cases in the US district courts in Delaware, Texas and California, as well as in cases before the International Trade Commission. Bennett’s patent litigation, including jury trial experience, has focused on various complex technologies, with a particular emphasis on biopharmaceuticals, medical devices, molding, electronics, wireless radio and wire line transmission networks, data transmission, and software applications. For more information, or to contact Ms. Bennett, please visit her firm profile page.
After Halo, courts appear to be breathing new life into claims for willful patent infringement and enhanced damages claims. In fact, since Halo’s new standard took effect a few months ago, juries found willful infringement in three out of four cases where they returned a verdict of infringement. However, as discussed below, there are steps a defendant can take to protect itself against a finding of willful infringement.
Sheehan contended that Dulcich, without permission, grafted Sheehan’s “Great Green” in 2010 and filed for a plant patent in 2012 claiming the “Great Green” as its own JPD-001 (“Green Emerald”). Dulcich’s plant patent on JPD-001 issued on March 18, 2014, while Sheehan’s own application on Great Green was pending… Meanwhile, Sheehan is seeking to have a stay lifted in co-pending litigation in the Eastern District of California between the same parties addressing allegations relating to conversion, unfair competition and trade secret misappropriation.