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 […]
Archive | Willful Patent Infringement
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 […]
Pleading Indirect and Willful Patent Infringement Requires Specific Allegations
By Charles Bieneman on October 26, 2013 in Civil Procedure, Indirect Patent Infringement, Litigation, Notice Pleading Patent Infringement, Software Patents, Willful Patent Infringement
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 […]
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 […]
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 […]
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 review.” Bard Peripheral Vascular, Inc. v. W.L. Gore & Associates, Inc., No. 2010-1510 (June 14, 2012). The panel […]