Willful infringement

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Willful infringement is a concept in patent law that entitles a patent holder to obtain increased damages and attorneys fees for violations of his patent, if the infringement was on purpose with knowledge of the patent rather than by accident.

The Federal Circuit has held that, in order to establish willful infringement, a patentee must show by clear and convincing evidence that the infringer acted in violation of the patent and that there was an objectively high likelihood that its actions constituted infringement of a valid patent.[1]


  1. http://wistechnology.com/article.php?id=4140

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