Law360, New York ( April 7, 2015, 10:23 AM EDT) -- In In re Seagate Technology LLC, the Federal Circuit raised the bar for patentees seeking to establish willful patent infringement under 35 U.S.C. § 284 by imposing a two-step test requiring satisfaction of both an objective and a subjective prong.[1] Recent unanimous decisions by the U.S. Supreme Court in Octane Fitness LLC v. Icon Health & Fitness Inc. and Highmark Inc. v. Allcare Health Management System Inc., which rejected the existing Federal Circuit standard for awarding attorneys' fees — a comparable two-part test — in favor of a "totality of the circumstances" analysis, have called into question the continued viability of the Seagate test.[2]...
Law360 is on it, so you are, too.
A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.
A Law360 subscription includes features such as
- Daily newsletters
- Expert analysis
- Mobile app
- Advanced search
- Judge information
- Real-time alerts
- 450K+ searchable archived articles
And more!
Experience Law360 today with a free 7-day trial.