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: Philip Brooks’ Patent Infringement UpdatesLitigating Willful Infringement in the Post-Seagate World
By Philip Brooks
Landslide? is the ABA Intellectual Property Section's new magazine forum for discussion of intellectual property issues. It offers analysis, news, and commentary about the law of patents, trademarks, copyright, trade secrets, and related subjects. It also keeps readers current on ABA-IPL news and events.
I just received the third print issue in the mail. The online version of the magazine is available to section members. A subscription is available to others. The cover article of each issue is available to all. For example, in issue 2 - "Egyptian Goddess v. Swisa: Retooling Design Patent Infringement" by Darrell G. Mottley and in issue 1 - "Virtual Worlds, Real World Issues" By Sean F. Kane and Benjamin T. Duranske.
The cover issue for issue 3 (not yet available online) is titled, "Litigating Willful Infringement in the Post-SeagateWorld" by William L. LaFuze and Michael A. Valek. In their article they offer three observations:
-
Seagate Substantively Raised the Bar for Winning on Willfulness;
- Opinions of Counsel Remain an Effective Defense Against Willful Infringement; and
- It is Still Possible to Win on Willful Infringement, Even Where an Advice of Counsel Defense Has Been Raised.
The article will ultimately be available here.
Full post as published by Philip Brooks’ Patent Infringement Updates on January 27, 2009 (boomark / email).
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