Elkindon How Re Seagate Technology LLC Raises the Bar For Infringement Liability

On August 20, the Court of Appeals for the Federal Circuit issued a decision that substantially changes the law regarding the willful infringement of patents. In deciding In Re Seagate Technology LLC (“Seagate”), the court made three key rulings, all of which will make it more difficult to hold alleged willful infringers liable for multiple damages. To outline these rulings and provide steps for companies on how to avoid being found liable for willful infringement, Tom Elkind, a Boston partner at Foley & Lardner, wrote “Seagate Ruling Raises the Bar for Infringement Liability,” which appeared in Boston Business Journal on September 20, 2007.

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