Law Of Willful Infringement Continues To Evolve Post-Bard

Law360, New York (September 19, 2013, 6:27 PM EDT) -- In June 2012, the United States Court of Appeals for the Federal Circuit, in Bard Peripheral Vascular Inc. v. W.L. Gore & Associates Inc.,[1] significantly changed how district courts must address allegations of willful patent infringement. In the year since that decision, a number of district courts have interpreted and applied the new standard, providing practitioners with valuable guidance for handling cases involving willful infringement allegations.

The decision that first set the standard for evaluating willful patent infringement was Underwater Devices.[2] There the Federal Circuit held...
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