In Law360 Article, Akin Gump IP Lawyers Discuss Developments in Willful Infringement Cases
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In the latest installment of a recurring article series by Akin Gump intellectual property lawyers, Law360 has published “Overlooked Patent Cases: Willful Infringement Developments,” written by partner Rachel Elsby, counsel Michael Petegorsky and associate Hannah Price.
The article examines some of the challenges faced by patentees “attempting to plead and prove willful infringement where direct evidence of the accused infringer’s belief may not be available.” It also looks at some of the similar challenges confronted by accused infringers, who are “attempting to disprove hyperbolic presentations of circumstantial evidence, as opinions of counsel have not proved to be a bulletproof defense to willful infringement” following the Supreme Court’s 2016 decision in Halo Electronics v. Pulse Electronics Inc.
The authors determine that circumstantial evidence of subjective belief “may be sufficient for a patentee to succeed on claims of willful infringement.” At the same time, though, an accused infringer, “faced with knowledge of a patent and evidence of infringement, will benefit the most from direct evidence of its subjective belief, regardless of whether it is asserting an opinion of counsel.”
To read the article in its entirety, please click here.
