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Federal Circuit Refines Willful Infringement Standard
The Federal Circuit “now holds that the threshold objective prong of the willfulness standard . . . is a question of law based on underlying mixed questions of law and fact and is subject to de novo...
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Pre-Suit Publicity Not Enough to Plead Willful Patent Infringement
The plaintiff in Softview, LLC v. Apple, Inc., Civ. No. 10-389-LPS (D. Del. July 26, 2012), successfully pled willful patent infringement against some defendants, but not others. Publicity about a...
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E.D. Texas Awards Enhanced Damages for Willful Infringement
Listing an infringed patent in two contracts, and the apparent awareness of a Citrix executive of the patent, was enough to justify a finding of willfulness and enhanced damages against Citrix. SSL...
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Pleading Indirect and Willful Patent Infringement Requires Specific Allegations
Claims for induced, contributory, and willful patent infringement were dismissed (without prejudice) because the plaintiff failed to allege facts sufficient to support its claims. Unisone Strategic...
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Reasonable Non-Infringement Positions Relying on Court’s Claim Construction...
Because Fairchild Semiconductor (a counterclaim defendant) had advanced credible non-infringement positions, the court denied a summary judgment motion seeking a finding of willful infringement in...
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Objectively Reasonable Defenses Do Not Preclude Finding of Willful Patent...
The Federal Circuit has held that even if an accused infringer’s defenses to patent infringement are objectively reasonable, Supreme Court precedent does not preclude a willful infringement finding, or...
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Willful Patent Infringement and Opinions after Halo
As my partner Tom Bejin discussed in this recent webinar, Addressing Willful Patent Infringement Post-Halo, the pendulum governing standards for enhanced damages for patent infringement under 35 U.S.C....
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Determining Willful Patent Infringement: Ramifications of Halo Pulse Through...
The Federal Circuit recently vacated and remanded a lower court’s holding that a patent infringement defendant could not have willfully infringed as a matter of law. Alfred E. Mann Found. for Sci....
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Willful Patent Infringement as Pled Need Not Be Egregious
While enhanced damages for willful patent infringement may be based on egregious misconduct, a plaintiff can support a pleading of willful infringement by alleging the defendant’s intent, and without a...
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Must Willful Infringement Pleading Allege Egregious Acts?
Much of a plaintiff’s complaint adequately plead patent infringement, but a portion of the complaint alleging willful infringement was dismissed where the plaintiffs “failed to allege any facts...
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