Willful patent infringement standard redefined

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Abstract: A recent ruling from the U.S. Court of Appeals for the Federal Circuit significantly reshapes the test for willful infringement — and could make it harder to prove. This article discusses the case, which establishes that a court must first make a threshold determination of objective recklessness that considers the reasonableness of the potential defenses. Only if the asserted defenses aren’t reasonable can the jury consider the question of subjective recklessness. Citation: Bard Peripheral Vascular, Inc. v. W.L. Gore & Assocs., 2010-1510, June 14, 2012 (Fed. Cir.)