In re Seagate Technology, LLC

 
APPEAL NO.
Misc. No. 830
OP. BELOW
DCT
SUBJECT
Patent
AUTHOR
Mayer

Question(s) Presented

“[W]e take this opportunity to revisit our [willful infringement] doctrine and to address whether waiver resulting from advice of counsel and work product defenses extend to trial counsel.”

Holding

We “hold that proof of willful infringement permitting enhanced damages requires at least a showing of objective recklessness. . . . [W]e also reemphasize that there is no affirmative obligation to obtain opinion of counsel.”

Date
Selected Proceedings and Orders
August 20, 2007
August 24, 2007