Courts Get Tough On Willfulness Claims After Seagate

Law360, New York (February 12, 2009, 12:00 AM EST) -- Federal judges are more likely to shoot down a patent owner’s claim that an invention has been willfully infringed, and more likely to make that determination earlier in the case, following the U.S. Court of Appeals for the Federal Circuit’s decision in In re: Seagate Technology LLC.

The appeals court’s August 2007 en banc decision has significantly raised the bar for patent owners by requiring them to offer proof that a company has been “objectively reckless” in willfully infringing their patents, but a heightened standard is...
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