Objective Recklessness

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)