Treble Damages in Patent Cases–A Diminishing Threat?
Eric Hagen co-authored this bylined article, which discussed the Federal Circuit’s Bard and Seagate decisions. Taken together, the decisions “have made it more difficult for patentees to prove willful infringement and increased the likelihood of early dismissal of willfulness claims,” the authors wrote. Bard, the most recent case, “will likely prevent many willful infringement allegations from ever reaching a jury,” they continued. “But for those claims that survive the threshold determination of objective recklessness, a finding of willfulness by the jury may be inescapable.”