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Expert Analysis

A Radical Change In Willful Infringement Litigation

Law360, New York (January 3, 2013, 1:10 PM EST) -- Accused patent-infringers have long feared willful infringement allegations. As a fact question, judges were often hesitant to take the issue away from a jury. A jury's decision on willful patent infringement can easily be among the most important to a defendant's exposure. With a single check on a verdict form, a jury can find willful infringement, empowering the judge to increase a patent damage award by up to three times. Previously, such outcomes were difficult, if not impossible, to overturn on appeal — the jury's finding being reviewed for substantial evidence[1] and the district court's decision to increase damages being reviewed for abuse of discretion....

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