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 ...
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