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In Law360, IP Litigators Examine Patent Damages for Willful Blindness

Practices: Intellectual Property, Patent Litigation, Patent Strategy, Administrative Litigation, Life Sciences, Litigation, Intellectual Property Litigation, Appellate & Supreme Court

Capital Insights.

In a Law360 article published on Feb. 28, IP litigation partners Charlotte Jacobsen and Filko Prugo (both of New York) explore whether enhanced damages are available when an infringer purposefully avoids knowledge of a patent.

The authors explain that until the U.S. Supreme Court or Federal Circuit hold otherwise, district courts are likely to continue to accept well-pled allegations of willful blindness as a substitute for knowledge of infringement. But a corporate policy of non-review should not be considered willful blindness, absent both a belief that there is a high probability of patent infringement and deliberate actions to avoid learning of that fact.

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