Analysis

Ignoring Patents Not A Willful Infringement Free Pass In EDTX

Law360 (October 10, 2019, 8:02 PM EDT) -- A recent ruling in the Eastern District of Texas has called into question the practice of not reading patents as a way for companies to shield themselves from claims of willful infringement, potentially putting some businesses in a Catch-22.

The ruling from U.S. District Judge Rodney Gilstrap came in a lawsuit Motiva Patents brought against HTC accusing the electronics maker’s Vive virtual reality system of infringing several patents covering technology for tracking a person’s movement.

While deciding a motion to dismiss, the judge found HTC’s alleged policy of prohibiting its employees from reading patents can support a claim for willful infringement....

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