Federal patent decision raises bar for plaintiffs
June 28, 2012
Massachusetts Lawyers Weekly
The following is an excerpt from this article in Massachusetts Lawyers Weekly.
Brian T. Moriarty of Hamilton Brook Smith Reynolds in Concord said a willful infringement finding allows a judge to award treble damages under 35 U.S.C., §284. The threat of such an award often drives settlement negotiations.
"The Supreme Court and Federal Circuit have been cutting back on willfulness claims over the years, and this is just one in a continuum of cases that are making it increasingly difficult for plaintiffs," said Moriarty, who was not involved in Bard. "Taking the question out of the hands of the jury, which is what the court has done, lowers the risk for the alleged infringer and makes a plaintiff's attack for enhanced damages less potent than ever before."
The full article can be read on the Massachusetts Lawyers Weekly website.