Yesterday, Thu., June 14, 2012, in Bard v. W.L. Gore, No. 2010-1510, the Federal Circuit (Newman (dissent-in-part), Gajarsa and Linn) clarified that the threshold objective recklessness prong of willfulness ultimately is a question of law for the court to decide based on mixed questions of law and fact that the Federal Circuit will review de novo. This case provides a good summary of the current willful infringement standard.
Continue Reading Patent Alert: Federal Circuit clarifies threshold objective recklessness willfulness prong question of law reviewed de novo (Bard v. W.L. Gore)
De novo review
Patent Alert: Supreme Court rules district court hearing appeal from PTO may consider new evidence and make de novo fact finding (Kappos v. Hyatt)
By Essential Patent Blog on
Posted in Patent Alerts
Today, Wed., Apr. 18, 2012, in Kappos v. Hyatt, No. 10-1219, the Supreme Court (Thomas) (Sotomayor and Breyer concur) affirmed the Federal Circuit’s ruling that permits new evidence in an appeal to a district court under Section 145 from an adverse Patent Office ruling on a patent application.
Continue Reading Patent Alert: Supreme Court rules district court hearing appeal from PTO may consider new evidence and make de novo fact finding (Kappos v. Hyatt)