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ARTICLE · 29 NOVEMBER 2022

7 Key Takeaways For Litigating Willful Patent Infringement

Mayer Brown
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After finding that an accused infringer has willfully infringed a patent, a court may increase "damages to three times the amount found or assessed," under Title 35 of the U.S. Code, Section 284.

United StatesIntellectual Property
Brian Nolan
Brian Nolan
Manuel J. Velez
Manuel J. Velez
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After finding that an accused infringer has willfully infringed a patent, a court may increase "damages to three times the amount found or assessed," under Title 35 of the U.S. Code, Section 284.1

Given that recent patent cases have yielded nine- and 10-figure damages awards, it is important to keep abreast of legal developments concerning willful infringement.2

In this article, we explore practical takeaways for litigating willful infringement in light of recent case law. These cases show that parties focus on the following seven areas:

  • The impact of the 2021 SRI International Inc. v. Cisco Systems decision in the U.S. Court of Appeals for the Federal Circuit;
  • The accused infringer's knowledge;

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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