Seagate, The Issue Of Willful Patent Infringement

Law360, New York (May 21, 2009, 12:00 AM EDT) -- The willfulness standard announced in In re Seagate Technology LLC, 497 F.3d 1360 (Fed. Cir. 2007), opened a new, expanded role for experts on the issue of willful patent infringement.

Pre-Seagate, courts routinely limited expert testimony to challenging the thoroughness of opinions of counsel relied upon by accused infringers to rebut the willfulness charge.

The Seagate standard invites litigants to offer expert testimony on the objectively reasonable steps a company implemented or should have implemented to avoid infringement.

Former in-house counsel experienced in advising corporations when...
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