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Intellectual Property Litigation: ‘Seagate’s’ Objective Standard - ‘State of Mind’ Irrelevant
September 6, 2007 Full PDF
Litigation partner Lew Clayton's "Intellectual Property Litigation" column is featured in the September 6 New York Law Journal. The article discusses the U.S. Court of Appeals for the Federal Circuit's en banc opinion in In re Seagate Tech. LLC, which is part of a trend in the Federal Circuit and the Supreme Court that has swung the pendulum in patent law away from patentees and eased the burdens of accused infringers. In Seagate, the Federal Circuit overruled long-standing precedent and set a more demanding standard for patentees seeking to prove that patent infringement is "willful." Associate Larry Coury assisted in the preparation of the article.