IP Blog
egregious misconduct
Willful Patent Infringement as Pled Need Not Be Egregious
While enhanced damages for willful patent infringement may be based on egregious misconduct, a plaintiff can support a pleading of willful infringement by alleging the defendant’s intent, and without a necessarily pleading facts amounting to egregious misconduct. Bio-Rad Laboratories, Inc. v. Thermo Fisher Scientific Inc., No. 1-16-cv-00358 (D Del. Jan 31, 2017). Thus, the plaintiff in this case survived a...