The U.S. Supreme Court appears poised to make it easier to prove willful patent infringement, but will that play into the hands of the patent trolls? That’s one of the big questions patent lawyers have as they await the court’s decisions in two big cases that were argued this term. The rulings are expected to be handed down in June.
The threat of a willful infringement finding traditionally was one of the sharpest arrows in a patent owner’s quiver due to the corresponding risk of a treble damages award. In recent years, however, the U.S. Court of Appeals for the Federal Circuit has made proving willful infringement extraordinarily difficult. While some view the Federal Circuit’s approach as an appropriate response to the abuses of so-called patent trolls, others believe it fosters disrespect for patent rights. The Supreme Court will soon decide whether the Federal Circuit went too far.
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