Mixed Signals From Fed. Circ. On Willful Infringement
Law360, New York (November 26, 2013, 1:27 PM EST) -- In re Seagate sets out the test for willful infringement. It's a two-prong test, but it's the first prong — a patent owner must prove that the infringer acted despite an objectively high likelihood that its actions constituted infringement of a valid patent — that is causing confusing results in the district courts.
The confusing results should not be surprising. Rather than explaining how to apply this two-prong test, the Federal Circuit in Seagate simply left "it to future cases to further develop the application of this standard." Indeed, the Federal Circuit itself does not seem to apply the first prong...
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