United States Federal Circuit

Trial preparations for defending a patent infringement case do not constitute the "due care" required before undertaking any potentially infringing activity, and the failure to exercise due care leaves the infringer open to a finding of willfulness.

Appellate Information

• Decided 03/07/2001
• Published 03/07/2001

Judges

• RADER, Circuit Judge., Before MAYER, Chief Judge, CLEVENGER, and RADER, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Wayne M. Harding,Brobeck, Phleger & Harrison LLP, of Austin, Texas, argued for plaintiff-appellant.   With him on the brief were Kevin S. Kudlac, and Steven J. Pollinger.   Of counsel on the brief was J.P. Violette, Crystal Semiconductor Corporation, of Austin, Texas.


• For Appellees:
  
• Daniel Joseph, Akin, Gump, Strauss, Hauer & Feld, L.L.P., of Washington, DC, argued for defendants-cross appellants.   With him on the brief were C. Fairley Spillman;  and Michael Rocco Cannatti, of Austin, Texas. Of counsel was Gary W. Hamilton, Akin, Gump, Strauss Hauer & Feld, L.L.P., of Austin, Texas. Also of counsel was Michael A. Piazza, Akin, Gump, Strauss, Hauer & Feld, L.L.P., of Dallas, Texas.