After Seagate: The New Legal Standard for Willfulness

Law360, New York (October 4, 2007, 12:00 AM EDT) -- The Federal Circuit in Seagate revolutionized patent law by sweeping away the old standard for determining willful patent infringement, and resulting enhanced damages, and announcing a new standard.

The Seagate Court jettisoned the old violation of due care standard and replaced it with a recklessness standard. In doing so, the Federal Circuit offered only a minimal outline as to how the new recklessness standard was to be defined.

However, the Seagate Court provides some guidance by citing to several of the leading sources that do define...
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