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O'Melveny's Williamson, Berg Co-Author Article on The Seagate Test For Willful InfringementApril 08, 2015
O'Melveny partner Brett Williamson and associate Brad Berg co-authored the April 7, 2015, Law360 article, "Is The Seagate Test For Willful Infringement Here To Stay?" The piece discusses recent unanimous decisions by the US Supreme Court that rejected the existing Federal Circuit standard for awarding attorneys' fees — a comparable two-part test — in favor of a “totality of the circumstances” analysis, which have called into question the continued viability of the Seagate test. "Although there are indications that the Federal Circuit may be gearing up to rethink its willful infringement test under Seagate... finding the right case may pose a significant obstacle to any change," Williamson and Berg write in the article.
Williamson and Berg are members of O'Melveny's Intellectual Property and Technology Practice and reside in the Firm's Newport Beach office.