A divided panel of the U.S. Court of Appeals for the Federal Circuit has vacated a $371.2 million damages award, ruling that a judge must make an objective determination of recklessness in order to find willful patent infringement.
On June 14, the Federal Circuit vacated its own previous ruling from February that held that Gore Associates Inc.’s infringement was willful. It also remanded the case, Bard Peripheral Vascular Inc. v. W.L. Gore Associates Inc., back to the District of Arizona on the issue of willfulness infringement so that the court may reconsider its denial of judgment as a matter of law.
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