Seagate decision leads to the overhaul of wilful infringement laws

摘要

Patent owners will find it harder to prove wilful patent infringement following the success of the defendant in the In re Seagate Technology LLC M830 Fed Circ 20 August 2001 Court of Appeal case.The ruling by the Federal Circuit has significanuy changed the law of wilful patent infringement,requiring the patent owner to show 'by clear and convincing evidence that the infringer acted despite an objectively high likelihood that its actions constituted infringement of a valid patent'.