Recent Court Decision May Provide Willful Patent Infringement Defendants Relief
Defendants accused of willful patent infringement may find early relief if a recent decision is adopted broadly by district courts. The judge in IP Power Holdings Limited v. Westfield Outdoor, Inc., Case No. 2:19-cv-01878-MMD-NJK (D. Nev. June 4, 2020) granted the defendant’s motion to dismiss willful infringement allegations that would typically be expected to survive such a motion. The holding appears to depend on the resolution of a factual dispute, which courts usually try not to do in ruling on a motion to dismiss. There is an important course of action those accused of patent infringement should likely take based on this decision.
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