IP Blog
Willful patent infringement
Must Willful Infringement Pleading Allege Egregious Acts?
Much of a plaintiff’s complaint adequately plead patent infringement, but a portion of the complaint alleging willful infringement was dismissed where the plaintiffs “failed to allege any facts suggesting that Defendant’s conduct is ‘egregious . . . beyond typical infringement.’” CG Technology Development, LLC v. Zynga, Inc., 2:16-cv-00859-RCJ-VCF (D. Nev. Feb 17, 2017). The court’s decision relied heavily on the...
Federal Circuit Refines Willful Infringement Standard
The Federal Circuit “now holds that the threshold objective prong of the willfulness standard . . . is a question of law based on underlying mixed questions of law and fact and is subject to de novo review.” Bard Peripheral Vascular, Inc. v. W.L. Gore & Associates, Inc., No. 2010-1510 (June 14, 2012). The panel here (Judges Newman, Gajarsa, and...