Fed. Circ. Makes It Harder To Prove Willful Infringement

Law360, New York (June 14, 2012, 8:50 PM EDT) -- The Federal Circuit revamped the law on willful infringement Thursday, setting forth a heightened standard that will make it harder to prove a defendant in a patent case acted despite an objective risk that its actions constituted infringement.

In the latest twist in a long-running blood vessel graft patent suit between rivals C.R. Bard Inc. and W. L. Gore & Associates Inc. that led to a $371 million verdict for Bard, the appeals court ruled that determinations of whether there was an objective risk of infringement...
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