A Radical Change In Willful Infringement Litigation

Law360, New York (January 3, 2013, 1:10 PM EST) -- Accused patent-infringers have long feared willful infringement allegations. As a fact question, judges were often hesitant to take the issue away from a jury. A jury’s decision on willful patent infringement can easily be among the most important to a defendant’s exposure. With a single check on a verdict form, a jury can find willful infringement, empowering the judge to increase a patent damage award by up to three times. Previously, such outcomes were difficult, if not impossible, to overturn on appeal — the jury’s finding...
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.