Understanding The Objective Prong In Seagate

Law360, New York (June 30, 2009, 12:00 AM EDT) -- The authors of a May 26, 2009, Law360 guest column argued that the “objective” prong of the willful patent infringement test announced in In re Seagate Technology LLC, 497 F.3d 1360 (Fed. Cir. 2007), “looks at what a reasonably prudent corporation does when faced with a charge of infringement.”

Moreover, they argued, “[b]ecause parts of the Seagate test are objective, courts should permit expert testimony on what a corporation should have done or what was so obvious that the company should have known about it” and...
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