Potential New Barrier to Verdicts of Willful Infringement?

The question of whether a defendant had willfully infringed a patent has typically been decided by a jury. However, under <i>Bard Peripheral Vascular, Inc. v. W.L. Gore &amp; Assoc.,</i> a judge may now have the exclusive role of determining whether a jury is entitled to decide this question.

21 minute readAugust 30, 2012 at 04:25 PM
By
Matthew W. Siegal
B. Clayton McCraw
Potential New Barrier to Verdicts of Willful Infringement?

The question of whether a defendant had willfully infringed a patent has typically been decided by a jury. However, underBard Peripheral Vascular, Inc. v. W.L. Gore & Assoc., Inc.

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