Willfulness and Willful Blindness: A Review of Recent Case Law and Practical Strategies for Risk Mitigation. Since the Supreme Court’s 2016 Halo decision, defendants are vulnerable to willfulness claims and enhanced damages based on their “subjective willfulness” to infringe an asserted patent. But may defendants avoid a finding of willfulness by avoiding knowledge of the asserted patent? Is it helpful or hurtful if companies seek opinions of counsel or institute policies forbidding employees from reviewing patents?
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