Willfulness Standard: Is There a Bright Line?
July 20, 2007
Reproduced with permission from BNA's Patent, Trademark & Copyright Journal, Vol. 74, No. 1827 (July 20, 2007) pp. 361-363. Copyright 2007 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com
A "wanton disregard" for patentees' rights constitutes "willful infringement" and may lead to liability for treble damages and attorneys fees. And although the remedy for treble damages is almost as old as the Patent Act itself, the steady increase in the number of patent suits filed over the last several years means that more and more defendants face willful infringement allegations. It is almost universally pled in a patentee's complaint...
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