We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

After Seagate: The New Legal Standard for Willfulness

Law360 (October 4, 2007, 12:00 AM EDT) -- The Federal Circuit in Seagate revolutionized patent law by sweeping away the old standard for determining willful patent infringement, and resulting enhanced damages, and announcing a new standard.

The Seagate Court jettisoned the old violation of due care standard and replaced it with a recklessness standard. In doing so, the Federal Circuit offered only a minimal outline as to how the new recklessness standard was to be defined.

However, the Seagate Court provides some guidance by citing to several of the leading sources that do define...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.