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Expert Analysis

Is The Seagate Test For Willful Infringement Here To Stay?

Law360, New York (April 7, 2015, 10:23 AM EDT) -- In In re Seagate Technology LLC, the Federal Circuit raised the bar for patentees seeking to establish willful patent infringement under 35 U.S.C. § 284 by imposing a two-step test requiring satisfaction of both an objective and a subjective prong.[1] Recent unanimous decisions by the U.S. Supreme Court in Octane Fitness LLC v. Icon Health & Fitness Inc. and Highmark Inc. v. Allcare Health Management System Inc., which rejected the existing Federal Circuit standard for awarding attorneys' fees — a comparable two-part test — in favor of a "totality of the circumstances" analysis, have called into question the continued viability of the Seagate test.[2]...

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