INTELLECTUAL PROPERTY CLIENT ALERT: Federal Circuit Refines Willful Patent Infringement Standard

    22 June 2012
    For the first time, the Federal Circuit set standards on the objective-risk portion of a willful patent infringement analysis, holding that such analysis is a question of law to be resolved by a judge, subject to full review on appeal. In Bard Peripheral Vascular, Inc. v. W.L. Gore & Associates, Inc., the Court granted Gore’s petition for rehearing en banc to reconsider the issue of willfulness and the standard of review applicable to it.