Willful Infringement: More Clarity From the Federal Circuit — Exmark v. Briggs & Stratton and More
The Federal Circuit’s recent decision in Exmark v. Briggs & Stratton echoes the central point in our prior analysis of Halo v. Pulse that timing matters in determining whether an accused infringer did so willfully. The case leaves us with two key practical implications: Early investigation of patent threats can help avoid a finding of willful infringement; positions […]