Skip to content
  • CAREERS
  • CONTACT US
Search
Close
anthony ostlund logo
  • PEOPLE
  • LITIGATION
    • APPEALS
    • COMPLEX COMMERCIAL LITIGATION
    • EMPLOYMENT LITIGATION
    • FRAUD AND FIDUCIARY DUTY
    • FINANCIAL LITIGATION
    • OWNER/SHAREHOLDER DISPUTES
    • PLAINTIFF CONTINGENCY CASES
    • PROFESSIONAL MALPRACTICE
    • REAL ESTATE LITIGATION
    • TRUSTS AND ESTATES LAW
  • SUCCESSES
  • NEWS
  • ABOUT
  • FEE ARRANGEMENTS
Menu
  • PEOPLE
  • LITIGATION
    • APPEALS
    • COMPLEX COMMERCIAL LITIGATION
    • EMPLOYMENT LITIGATION
    • FRAUD AND FIDUCIARY DUTY
    • FINANCIAL LITIGATION
    • OWNER/SHAREHOLDER DISPUTES
    • PLAINTIFF CONTINGENCY CASES
    • PROFESSIONAL MALPRACTICE
    • REAL ESTATE LITIGATION
    • TRUSTS AND ESTATES LAW
  • SUCCESSES
  • NEWS
  • ABOUT
  • FEE ARRANGEMENTS

Is All Patent Infringement Willful?

  • December 9, 2016
December 9, 2016
Attorney At Law Magazine – Minnesota Edition

In June, the United States Supreme Court issued a decision that may fundamentally change the way damages are awarded in patent infringement lawsuits.

In Halo Electronics, Inc. v. Pulse Electronics, Inc., 136 S. Ct. 1923, 1932 (2016), Chief Justice Roberts criticized a standard that allowed, “the ‘wanton and malicious pirate’ who intentionally infringes another’s patent” to avoid enhanced damages if a reasonable defense could later be mustered at trial.

Patent infringement has long been thought of as a strict liability tort. Liability for patent infringement can be found without showing that the infringer intended to infringe and damages can be awarded, as long as the patentee provided actual or constructive notice. Intent does matter, however, for the purpose of enhancing damages. Where infringement is willful, damages can be enhanced up to three times the amount of actual damages pursuant to 35 U.S.C. § 284, but the standard for showing willfulness has been exacting. Proving willfulness required showing, by clear and convincing evidence, both (1) that the infringer “acted despite an objectively high likelihood that its actions constituted infringement of a valid patent” and (2) that this objective risk was “known or so obvious that it should have been known” to the infringer. In re Seagate Tech., LLC, 497 F.3d 1360, 1371 (Fed. Cir. 2007).

pdf

 

related attorneys

Loading...

Dan Hall

related practice areas

Loading...
AO-logo-initials

90 SOUTH 7TH STREET, SUITE 3600
MINNEAPOLIS, MN 55402
P 612.349.6969       F 612.349.6996

 

© 2021 ANTHONY OSTLUND LOUWAGIE DRESSEN BOYLAN P.A.
ALL RIGHTS RESERVED.

  • 651•312•6500
  • 651•312•6618
  • People
  • Litigation
  • Successes
  • News
  • About
  • Fee Arrangements
  • Careers
  • Contact
Menu
  • People
  • Litigation
  • Successes
  • News
  • About
  • Fee Arrangements
  • Careers
  • Contact
  • PEOPLE
  • LITIGATION
    • APPEALS
    • COMPLEX COMMERCIAL LITIGATION
    • EMPLOYMENT LITIGATION
    • FRAUD AND FIDUCIARY DUTY
    • FINANCIAL LITIGATION
    • OWNER/SHAREHOLDER DISPUTES
    • PLAINTIFF CONTINGENCY CASES
    • PROFESSIONAL MALPRACTICE
    • REAL ESTATE LITIGATION
    • TRUSTS AND ESTATES LAW
  • SUCCESSES
  • NEWS
  • ABOUT
  • FEE ARRANGEMENTS
Menu
  • PEOPLE
  • LITIGATION
    • APPEALS
    • COMPLEX COMMERCIAL LITIGATION
    • EMPLOYMENT LITIGATION
    • FRAUD AND FIDUCIARY DUTY
    • FINANCIAL LITIGATION
    • OWNER/SHAREHOLDER DISPUTES
    • PLAINTIFF CONTINGENCY CASES
    • PROFESSIONAL MALPRACTICE
    • REAL ESTATE LITIGATION
    • TRUSTS AND ESTATES LAW
  • SUCCESSES
  • NEWS
  • ABOUT
  • FEE ARRANGEMENTS
search
disclaimer
Linkedin
Join Our Email List

© 2021 ANTHONY OSTLUND LOUWAGIE DRESSEN BOYLAN P.A. ALL RIGHTS RESERVED.

This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. Cookie settingsACCEPT
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT