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Click here to find out moreThe law of willful infringement in patent cases has undergone significant change over the last several decades, with order being restored in 2007 when the Federal Circuit issued the Seagate decision. However, two recent Supreme Court cases – Highmark and Octane Fitness – have muddled the waters by relaxing the standard for finding exceptional cases in the attorneys’ fees context, which some argue is analogous to the willfulness test. The Supreme Court is once again poised to change the landscape of willful infringement, having recently granted review of cases involving Halo Electronics Inc. and Stryker Corp. in order to review the Federal Circuit’s willfulness standard. Amol Parikh, Brett Bachtell and Shaun Hawkinson, McDermott Will & Emery, discuss the current state of affairs for willful infringement, the Octane Fitness and Highmark cases and their impact on the willfulness standard, the Halo and Stryker cases that the Supreme Court will review, and practical implications these cases have in patent litigation.
