Patentee falls short on proving willful infringement

Description

Abstract: The U.S. judicial system acknowledges that patent infringement is bad — and willful patent infringement is even worse. So much so that a finding of willful infringement allows a court to increase damages up to three times the amount assessed by the jury. This article reviews a case in which a patentee discovered that willfulness isn’t easy to prove. Bayer Healthcare LLC v. Baxalta Inc., No. 2019-2418 (Fed. Cir. March 1, 2021).