Claim Construction, Willful Infringement Post Seagate

Law360, New York (October 20, 2009, 11:39 AM EDT) -- Though much has been written about the Federal Circuit’s recent decision in In re Seagate to toughen the standard for proving willful infringement, little attention has been given to an unexpected yet significant result arising from the new standard.

Now that an objectively reasonable argument of noninfringement can preclude a finding of willful infringement, a defendant may avoid willful infringement by relying on the reasonableness of the claim construction positions that it proffered in an effort to establish noninfringement.

This possibility raises significant questions such as:...
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