The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Willful Blindness and Enhanced Damages: Litigation and Patent Search Policy" on April 9, 2020, from 2:00 to 3:00 pm (ET). Thomas Cotter, Professor of Law, University of Minnesota School of Law; Charlotte Jacobsen of Ropes & Gray; and Jenifer Ward, executive counsel-corporate IP technologies, operations and transactions, General Electric Co. will analyze:
• The current state of relevant case law, including Halo v. Pulse, GlobalTech, Exmark, Eko, and the gaps where case law hasn't yet reached;
• The factors in-house counsel must balance to determine the appropriate level of search diligence, including the industry and the risk of another patent covering R&D or new product, cost of search and of investment, and understanding of changing case law;
• Teachings of district court cases such as Motiva Patents v. Sony Corp.; HTC Corp., Nonend Inventions N.V. v. Apple Inc., et al.; and VLSI Tech. LLC v. Intel Corp.; and
• Evidence that a jury aware of alleged willful infringement is more likely to find infringement and ensuing defense tactics such as trying to knock willfulness allegations at the pleading stage or in summary judgment.
The registration fee for the webinar is $135 (IPO member) or $150 (non-member) (government and academic rates are available upon request). Those interested in registering for the webinar can do so here.
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