Mixed Signals From Fed. Circ. On Willful Infringement

Law360, New York (November 26, 2013, 1:27 PM EST) -- In re Seagate sets out the test for willful infringement. It’s a two-prong test, but it’s the first prong — a patent owner must prove that the infringer acted despite an objectively high likelihood that its actions constituted infringement of a valid patent — that is causing confusing results in the district courts.[1]

The confusing results should not be surprising. Rather than explaining how to apply this two-prong test, the Federal Circuit in Seagate simply left “it to future cases to further develop the application of...
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