Intellectual Property
Jun. 28, 2012
Willful patent infringement after Bard v. Gore
The Federal Circuit has held that the first part of the Seagate test should be decided by the trial judge as a matter of law. By J. David Evered of Knobbe Martens Olson & Bear LLP
Infringement of a valid U.S. patent is a strict liability offense. What that means is that the finder of fact (usually a jury) need not be concerned with the accused infringer's state of mind or intentions - all that is required for a product to infringe a patent claim is for each limitation of the claim to be satisfied by the accused product.
However, courts have long been able to take account of the circumstances in which a pat...
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