Objective Recklessness for Willful Patent Infringement is a Matter of Law: Federal Circuit | Practical Law
In its June 14, 2012 opinion in Bard Peripheral Vascular, Inc. v. W.L. Gore & Associates, Inc., the US Court of Appeals for the Federal Circuit clarified the threshold objectivity prong of its willful patent infringement standard in In re Seagate Technology, LLC. It held that the initial threshold determination of objective recklessness is a matter of law to be decided by the court and subject to de novo review.