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Re Willful Infringement, “Channel” It, Says the Supreme Court

The Seagate two-part test for enhanced patent infringement damages under 35 U.S.C. § 284 — (1) objectively, infringement was not a close call, and (2) subjectively, the defendant knew or obviously should have known that — is gone.  So too is the patentee’s burden to prove entitlement to enhanced damages by clear and convincing evidence.  The […]

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