Focus (Forum & Focus)
Jul. 19, 2008
To the Letter
A landmark federal appellate decision overruled the affirmative-duty-of-care-standard for patent law disputes it originally set out 24 years ago, writes Saina S. Shamilov. - Focus Column
By Saina S. Shamilov
This article appears on Page 7
Patent infringement is a strict liability offense, the nature of which is only considered to determine whether infringement was willful and enhanced damages are warranted. For decades, accused infringers in patent infringement lawsuits relied on opinions of counsel to defend against willful infringement claims that may lead to enhanced damages. An ...
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