Ruling Raises Bar For Proving Willful Patent Infringement

In a significant win for companies accused of patent infringement, a federal appeals court has essentially raised
the bar for proving willful infringement, a finding that allows a judge to triple a damage award. By changing the
standard to prove willful patent infringement, the U.S. Court of Appeals for the Federal Circuit, a specialized
patent-appeals court, has blunted a weapon that patent holders use against companies they accuse of patent
infringement. In such cases, companies faced with the uncertainty of a jury finding of willful infringement often
choose to settle rather than take a case to trial.

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