Intellectual Property
Sep. 11, 2012
Willful patent infringement harder to prove after Bard
The court held that the judge is in the best position to determine the objective standard of reasonableness prong of the Seagate willfulness test. By Audrey A. Millemann of Weintraub Tobin Chediak Coleman Gordin
The law of willful patent infringement has changed. After the Federal Circuit's decision in Bard Peripheral Vascular, Inc. v. W.L. Gore & Associates, Inc., 682 F.3d 1003 (Fed. Cir. 2012), it will now be more difficult for patent owners to prove willful infringement and recover enhanced damages.
The plaintiff, Bard Peripheral Vascular, owned a patent covering blood vessel grafting technology. Bard filed suit for pate...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In