A Sea Change In The Federal Circuit’s Perspective

Law360, New York (August 29, 2007, 12:00 AM EDT) -- The U.S. Court of Appeals for the Federal Circuit’s recent en banc decision in In re Seagate Technology, LLC is important not only because it has substantially changed and clarified the law regarding willful infringement, but also because it is a lens through which practitioners can understand the Court’s current perspective of its judicial role.

The Federal Circuit overruled one of its significant early decisions which had brought uniformity to patent law and strengthened patent rights by creating an affirmative duty of due care to assess...
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