outubro 20 2022

Recent Trends in Litigating Willful Patent Infringement


US district courts have established individual methods to address willfulness following the Supreme Court’s Halo decision, which described enhanced damages as a sanction reserved for egregious infringement behavior that is “willful, wanton, malicious, bad-faith, deliberate, consciously wrongful, flagrant, or—indeed—characteristic of a pirate.”

Please join Lisa Ferri, Brian Nolan, and Manuel Velez as they discuss the recent developments in litigating willful patent infringement. In particular, they will address:

  • The divergence in district courts’ treatments of willful patent infringement in jury trials and discussions of Federal Circuit decisions that initially generated the divergence and then sought to clarify the assessment of willful patent infringement in jury trials
  • The evidence and arguments often presented by patentees to prove willful patent infringement before a district court
  • Potential ways for alleged infringers to counter the evidence and arguments most often presented by patentees in attempting to prove willful patent infringement
  • The implication of recent court decisions on the interrelationship between proving inducement of patent infringement and willful patent infringement 

For additional information, please contact Jalyn Parker at jparker@mayerbrown.com or +1 202 263 3460.

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