After Seagate, Counsel Is Optional – But Advisable

Law360, New York (December 30, 2007, 12:00 AM EST) -- On Aug. 20, 2007, the United States Court of Appeals for the Federal Circuit continued its overhaul of patent law by overturning more than twenty years of its own prior precedent relating to willful patent infringement.

In In Re Seagate Technology, LLC, 497 F.3d 1360 (Fed. Cir. 2007), the court issued an en banc decision holding that a finding of willful infringement “requires at least a showing of objective recklessness.” Seagate, 497 F.3d at 1371. This holding directly rejects prior precedent which placed an affirmative duty...
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