Federal Circuit Clarifies Willful Infringement

Law360, New York (February 21, 2006, 12:00 AM EST) -- A decision from the U.S. Court of Appeals for the Federal Circuit has further clarified the 2004 Knorr-Bremse ruling, which marked significant changes to willful infringement law over adverse jury inferences and failure to obtain counsel.

In the decision, the Federal Circuit made clear that the Knorr-Bremse precedent does not prevent a patent owner from challenging the competence of counsel's oral opinion simply because the accused party offers it up in court to disprove willfulness.

The Knorr-Bremse ruling held that an accused party’s failure to obtain...
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