Another Post-Seagate Case: A Potential infringer Has No Affirmative Duty of Due Care Not to Infringe a Known Patent

SEB S.A. v. Montgomery Ward & Co., Inc., No. 2009-1099, -1108, -1119 (Fed. Cir. Feb. 5, 2010)

Holding:

A potential infringer has no affirmative duty of due care not to infringe a known patent; rather, proof of willful infringement requires showing by clear and convincing evidence that “the infringer acted despite an objectively high likelihood that its actions constituted infringement of a valid patent.” Slip op. at 31.

Relevant Facts:

SEB sued Pentalpha for infringement of a patent directed to a deep fryer with an inexpensive plastic outer shell, or skirt. Slip op. at 2. A jury found that Pentalpha had willfully infringed, and induced infringement, and awarded SEB $4.65 million in damages. Pentalpha filed post-trial motions on a number of grounds. Id. The district court granted them in part, reducing the amount of damages by $2 million. The district court awarded SEB enhanced damages and attorneys’ fees, but later vacated that award in light of this court’s decision in In re Seagate Technology, LLC, 497 F.3d 1360 (Fed. Cir. 2007) (en banc). Id. On appeal, Pentalpha raises a host of issues that relate to the jury verdict and the district court’s post-trial rulings. Id. SEB cross-appeals the district court’s enhanced damages ruling. The Federal Circuit affirmed the district court’s rulings. Id.