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What I was told is that if you research the patent and aware of its existence then you may be guilty of willful enfringement with treble the normal penalties:
by jburgess777 6y ago
What I was told is that if you research the patent and aware of its existence then you may be guilty of willful enfringement with treble the normal penalties:
https://www.jonesday.com/en/insights/2016/06/supreme-court-upends-law-of-treble-damages-in-patent-cases https://www.jonesday.com/en/insights/2016/06/supreme-court-u...
https://www.ip-watch.org/2016/07/26/us-high-court-restores-treble-damages-for-patent-infringement/ https://www.ip-watch.org/2016/07/26/us-high-court-restores-t...
- jacques_chester 6y agoMore precisely, a standing policy that researching patents is forbidden is prima facie evidence that your employees couldn't have possibly known about an existing patent. That means that a plaintiff suing for willful infringement will need to find evidence that someone went out of their way to ignore the policy. That might be quite difficult. (Of course: not a lawyer, this is not legal advice)
- jbay808 6y agoWow, I'm amazed that this would hold up. That's like saying that if I drive with a blindfold on, I couldn't possibly have willfully caused an accident because, as a matter of policy, I couldn't have been aware of the other cars on the road.
- jacques_chester 6y agoA more accurate analogy is a company policy that strictly prohibits driving.