Willful Infringement Post-Seagate

Law360, New York (March 5, 2010, 11:46 AM EST) -- A willful patent infringement ruling is potent and exposes the infringer to multiplied damages and the patentee's attorney fees. It is the brass ring for patent litigation. The Seagate decision of Aug. 20, 2007, was meant to usher in a sea change in willful patent infringement law but may have had little practical effect.

Prior to Seagate, an infringer on actual notice of another's patent rights arguably had the duty to seek competent legal advice. Seagate did away with that duty — “there is no affirmative...
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