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Expert Analysis

Determining Willful Infringement When Circumstances Change

By Elizabeth Banzhoff and Manny Caixeiro (June 7, 2017, 2:32 PM EDT) -- In many patent infringement cases, jurors are presented a verdict form that contains a deceptively simple question: "Was the defendant's infringement willful?" The jury is then asked to check either a box for "yes" or a box for "no." Based on how the jury answers this binary question, a court may decide to double or even treble damages — the impact of which can be dramatic....

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