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Federal Circuit judge says willfulness jurisprudence needs review

Michael Loney, New York


A Federal Circuit judge issued a call to “review our willfulness jurisprudence” in a concurrence in Bard Peripheral Vascular v WL Gore & Associates, in which the Federal Circuit affirmed a judgment on willfulness in a long-running case

In what was described as “an unusual case” by Chief Judge Sharon Prost writing for the majority, the Federal Circuit has affirmed a District Court judgment on willfulness in the infringement of a patent related to “prosthetic vascular grafts made...


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