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Submission + - Supreme Court Removes "Willful Ignorance" Defense (scotusblog.com)

Windrip writes: The Supremes provide yet another way for patent holders to crush their opponents.
Consider the affirmation of the Federal Court ruling in Global Tech Appliances, Inc. v. SEB S.A.. This decision has ramifications far beyond the infringement:

The plaintiff SEB (the respondent in this case) holds a patent on a design for a deep-fat fryer; the defendant Global Tech (here, the petitioner) reverse-engineered SEBâ(TM)s fryer and marketed a competing fryer.

You really want to rethink your "I don't read patents to avoid damages" strategy: The U.S. Supreme Court has now flat-lined that advice

But the remainder of the opinion is quite interesting. Adopting a suggestion from the oral argument, the Court (with only Justice Kennedy dissenting) held that the judgment of the Federal Circuit nevertheless could be affirmed on the basis of Global Techâ(TM)s willful blindness.
... What is novel about this (and what will make this one of the most commonly cited decisions of the Term) is the Court's explanation for the first time that criminal statutes which require proof of knowing or willful conduct are satisfied by proof of willful blindness.


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