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The law around willful infringement (read: triple damages) changed recently.[1] It is perceived to be much more difficult to find willfulness now, and is genera
by patentatt 8y ago
The law around willful infringement (read: triple damages) changed recently.[1] It is perceived to be much more difficult to find willfulness now, and is generally determined by a jury. It is much more in line now with the common understanding that most people have, not some asinine bright-line test based on if you read a patent.
tl;dr: just reading a patent probably isn’t going to land you in triple damages by itself.
[1] https://www.supremecourt.gov/opinions/15pdf/14-1513_db8e.pdf https://www.supremecourt.gov/opinions/15pdf/14-1513_db8e.pdf