Seagate, The Issue Of Willful Patent Infringement
Pre-Seagate, courts routinely limited expert testimony to challenging the thoroughness of opinions of counsel relied upon by accused infringers to rebut the willfulness charge.
The Seagate standard invites litigants to offer expert testimony on the objectively reasonable steps a company implemented or should have implemented to avoid infringement.
Former in-house counsel experienced in advising corporations when...
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