OCTOBER 2007
How Seagate affects patent owners and defendants
The Federal Circuit has dramatically changed the rules applying to wilfulness in patent litigation. Three litigators examine the impact of the case for plaintiffs and alleged infringers
Winning treble damages just got tougher
In Seagate the Federal Circuit raised the bar for patent holders hoping to win treble damages in patent cases. The basic rule that judges may award enhanced damages (and attorneys' fees) only upon a showing that patent infringement was wilful remains in force, but now the Federal Circuit has rewritten the standard for proving such wilfulness. Overruling a 24-year-old precedent, the court adopted a tougher standard and now requires clear and convincing evidence of at least "objective recklessness" on the part of the accused infringer.
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