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, Counsel Is Optional – But Advisable

Law360 (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...
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.