Williamson, Berg Co-Write Law360 Article on Seagate Test for Determining Willful Patent Infringement

March 17, 2016

O'Melveny partner Brett Williamson and associate Brad Berg co-authored the March 17, 2016, Law360 piece, "Rethinking Seagate At The Supreme Court." In the article, the authors discuss the existing two-step test for determining willful patent infringement as a basis for enhanced damages under 35 U.S.C. § 284, first imposed in In re Seagate Technology LLC. The authors conclude that “to the extent the court’s questions at oral argument suggest that a small but discernable majority of the eight participating justices appears to favor some loosening of the rigid Seagate test for awarding enhanced damages, Justice Scalia’s absence as a presumed vote in favor of the status quo…may end up having an important impact on patent law for the foreseeable future.”

Williamson and Berg are members of O’Melveny’s Intellectual Property and Technology Practice. Williamson divides his time between the firm’s Newport Beach and New York offices. Berg resides in the firm’s Newport Beach office.