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Expert Analysis

Can The Seagate Standard Be Salvaged?

Law360, New York ( December 6, 2011, 1:51 PM EST) -- For years after the Federal Circuit set forth a new two-pronged standard for willful infringement in In re Seagate Technology,[1] it has been far from clear how the standard should be applied at trial. Among the murky issues swirling in these turbid waters are critical questions such as whether the jury can hear evidence of all the accused infringer's defenses, even purely legal defenses that are tried to the judge, and what it means to say that the standard's subjective prong is satisfied if the defendant at the time of the infringement knew or should have known about an objective risk defined afterwards at trial....

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