Federal Circuit Narrows Willful Infringement Standard, Clarifies Waiver Issue With Respect to Opinion Letters
By David Lawson
In Re Seagate Technology, LLC
Federal Circuit, Miscellaneous Docket No. 830, Aug. 20, 2007
Slip Opinion
On August 20, the Federal Circuit, en banc, changed its standard for evaluating the willfulness of patent infringement for the purpose of awarding enhanced damages under 35 U.S.C. § 284, making it much more difficult for patentees to demonstrate willful infringement.
The court also clarified the application of attorney-client privilege in proving willful infringement, an important issue because opinion letters are often the best defense against allegations of willful infringement.
Commentary:
Morrison & Foerster: In Re Seagate Technology, LLC: The Federal Circuit Abolishes the Duty of Care in Willfulness Cases
Intellectual Property Today, Michael Bonella: A Reasonable, Balanced Answer to In Re Seagate Tech.
