United States Federal Circuit
Bard Peripheral Vascular, Inc. v. W.L. Gore & Associates, Inc., 2010-1510
In an infringement action, the district court's rulings are: 1) affirmed in part as to the opinion issued on February 10, 2012, except for section E and that portion of section F relating to Section 284 and 285 of Title 35 of the United States Code allowing for enhanced damages and attorneys' fees; and 2) vacated in part as to the previous determination of willfulness, where the threshold objective prong of the willfulness standard enunciated in Seagate is a question of law based on underlying mixed questions of law and fact and is subject to de novo review. On remand, the trial court may reconsider its denial of JMOL of no willful infringement in view of this holding, and may reconsider its decisions on enhanced damages and attorneys' fees.
Appellate Information
- Decided 06/14/2012
- Published 06/14/2012
Judges
- GAJARSA
Court
- United States Federal Circuit