The Federal Circuit rewrites the standard for willful infringement and drastically narrows the scope of privilege waivers
24 August 2007
Mayer Brown Article
24 August 2007 - The Federal Circuit's en banc decision in In re Seagate Technology, LLC, Fed. Cir. Case No. Misc. 830 (Aug. 20, 2007), raised the standard of proof for willful patent infringement. By raising the standard of proof, and overturning a 24-year-old decision, the Federal Circuit has limited the impact of a threat of treble damage awards that patent holders use against companies accused of patent infringement.