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Willful Infringement Before and After Powell v. Home Depot (MP3 Audio Download) |
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When the Federal Circuit adopted a new standard for proving willful infringement in In re Seagate Technology, LLC, it acknowledged that it was leaving to future courts the details of how the standard should be applied. Four years later, courts are struggling with procedural and substantive issues arising from Seagate. In this seminar, the panelists will describe empirical research into application of the new standard, the totality of the circumstances approach courts have generally applied, and the factors that courts have frequently considered in applying the standard.
The panelists will also discuss the implications of the Federal Circuit's recent decision in Powell v. Home Depot U.S.A., Inc. The Federal Circuit had two significant holdings in Powell. First, whereas willfulness previously was tried to a single fact-finder, the Federal Circuit held the court and the jury should divide the task of determining willfulness. Second, it affirmed a finding of willful infringement where the district court's pretrial decisions appeared to establish that the defendant had legitimate, credible and reasonable liability defenses-- the type of defenses that the Federal Circuit previously held precluded a finding of willful infringement. Therefore, the Powell decision will change how willfulness cases are both tried and reviewed.
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This download includes the MP3 audio file and the course materials in PDF. Both files will be delivered together in a ZIP file. To play an audio download in MP3 format, your will need a media player such as iTunes, Windows Media Player, RealPlayer, or Quicktime. For instructions on loading MP3 files to a portable media device, please refer to your device's instruction manual.Course materials require Adobe Reader®.
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Immediately after checkout, the download file(s) will be available in Your Downloads (accessible in the left navigation area of the Web Store when logged in).
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