A Review Of Willfulness Findings In Hatch-Waxman Actions

Steptoe associate Ron Vogel co-authored an article titled "A Review Of Willfulness Findings In Hatch-Waxman Actions" for Law360. Federal Circuit cases interpreting Halo formulate the willfulness standard in terms of "subjective bad faith" and "subjective recklessness." These relaxed standards will likely increase awards of attorney fees and thus portend an increase in allegations of willful infringement in, inter alia, Hatch-Waxman actions. In view of these recent developments, the authors thought it worthwhile to examine decisions addressing willful infringement and attorney fees in Hatch-Waxman actions.