Archive | Willful Patent Infringement

Determining Willful Patent Infringement: Ramifications of Halo Pulse Through the Courts

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. Research v. Cochlear Corp. (Fed. Cir. Nov. 17, 2016).  The lower court’s decision was based on the objective standard prong of the now […]

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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. § 284 gyrated again when the U.S. Supreme Court decided Halo Electronics, Inc. v. Pulse Electronics, 136 S. Ct. 1923 (2016).  The Supreme Court rejected the two-part […]

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Objectively Reasonable Defenses Do Not Preclude Finding of Willful Patent Infringement

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 enhancing damages.  WBIP, LLC v. Kohler Co., Nos. 2015-1038, 2915-1044 (Fed. Cir. July 19, 2016). In WBIP, the district court decided the willful infringement question under […]

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Reasonable Non-Infringement Positions Relying on Court’s Claim Construction Negates Willful Patent Infringement Argument

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 Fairchild Semiconductor Corp. v. Power Integrations, Inc., No. 12-540-LPS (D. Del. April 23, 2015). The court here followed the two part test established in In re Seagate Technology, LLC, to […]

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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 IP, Inc. v. Life Techs. Corp., No. 3:13-cv-1278-GPC-JMA (S.D. Cal. Oct. 22, 2013).  The plaintiff had alleged infringement of U.S. Patent No. 6,996,538, directed to “[a] system and method […]

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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 Services, LLC v. Citrix Systems, Inc., No. 2:08-cv-158-JRG (E.D. Tex. Sept. 17, 2012).  Before the jury was charged, the court had issued a […]

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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 patent is not enough from which to infer the pre-suit knowledge that is a prerequisite to willfulness, but such knowledge might be inferred from activities […]

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