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.[1]

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."[2] Indeed, the Federal Circuit itself does not seem to apply the first prong...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!