In re Seagate: A New Standard for WillfulPatent Infringement
In its landmark decision, In re Seagate, the Federal Circuit recently removed the long-standing affirmative duty of due care imposed on parties accused of willful patent infringement and created a new objective standard for willfulness. This standard now requires the patent holder to prove by clear and convincing evidence that the accused infringer acted with "objective recklessness." The attached memorandum discusses the Federal Circuit's ruling and considers several of the opinion's likely and far-reaching consequences.