The question of whether a defendant had willfully infringed a patent has typically been decided by a jury. However, under Bard Peripheral Vascular, Inc. v. W.L. Gore & Assoc., Inc., 682 F.3d 1003 (Fed.
Potential New Barrier to Verdicts of Willful Infringement?
The question of whether a defendant had willfully infringed a patent has typically been decided by a jury. However, under <i>Bard Peripheral Vascular, Inc. v. W.L. Gore & Assoc.,</i> a judge may now have the exclusive role of determining whether a jury is entitled to decide this question.
By
Matthew W. Siegal And B. Clayton McCrawThis premium content is locked for The Intellectual Property Strategist subscribers only
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