Legal Opinion · Dissent
Bard Peripheral Vascular, Inc. v. W.L. Gore & Associates, Inc.
Court of Appeals for the Federal Circuit
Decided January 13, 2015No. 2014-1114Published
1DissentNewman, Circuit Judge
This case returns to the Federal Circuit on appeal of a district court decision on remand from an en banc decision of this court. The issue is willful infringement and its consequences, which this en banc court remanded for de novo determination as a matter of law, vacating the judgment entered on the jury verdict.
The en banc court changed the standard and procedure for determination of willful infringement and its consequences in order to bring reasonable national uniformity to application of this penalty. The court held that the objective reasonableness of a defense to infringement is a…
2Cases cited14 opinions
- Brooktree Corporation, Plaintiff/cross-Appellant v. Advanced Micro Devices, Inc.Court of Appeals for the Federal Circuit · 1993
- Laitram Corporation, Plaintiff/cross-Appellant v. Nec Corporation and Nec Technologies Inc.Court of Appeals for the Federal Circuit · 1997
- Peter B. Cooper v. David GoldfarbCourt of Appeals for the Federal Circuit · 1998
- Modine Manufacturing Company, Plaintiff/cross-Appellant v. The Allen Group, Inc., D/B/A the G & O Manufacturing CompanyCourt of Appeals for the Federal Circuit · 1990
- Bard Peripheral Vascular, Inc. v. W.L. Gore & Associates, Inc.Court of Appeals for the Federal Circuit · 2012
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