Fed. Circ. Judges' Bid To Revisit Willfulness May Aid Patentees

Law360, New York (October 23, 2014, 8:22 PM EDT) -- Two Federal Circuit judges called Tuesday for the full court to reconsider the strict standard for proving willful infringement in light of a U.S. Supreme Court decision on fee-shifting in patent cases, a move attorneys say would benefit patent owners by boosting their chances of winning enhanced damages.

In a concurring opinion to a decision that upheld a $1.5 million infringement judgment for Halo Electronics Inc., Judges Kathleen O'Malley and Todd Hughes said that "it is time for the full court to re-evaluate our standard for the imposition of enhanced damages" because the court's current high bar is akin to a...

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