Definition
Willful infringement is infringement carried out with knowledge of the patent and disregard for its rights, and it can lead a court to award enhanced damages.
Why It Matters Legally
A finding of willfulness can triple the damages award, raising the stakes dramatically. It also affects business decisions, since ignoring a known patent or a demand letter can be very costly.
Example Use Case
After receiving a detailed notice letter and continuing to sell the product anyway, a company is found to have willfully infringed and faces enhanced damages.
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Related Terms
Patent Infringement, Damages, Enhanced Damages, Patent Litigation, Opinion of Counsel