Willfulness Must be Established on a Claim-by-Claim Basis

Plaintiff could not establish a fact issue as to whether plaintiff's infringement was willful absent evidence relating to a specific claim. "Although the 'objective' factors [plaintiff] cites attempt to show the existence of an 'objectively high likelihood,' they say nothing about any specific claim. At most, these factors show that there is some likelihood that [defendant] infringes some valid claim among [plaintiff's] vast portfolio. This Court rejects this collective notion of willfulness. To prove willfulness [plaintiff] must show recklessness with respect to specific claims."

District Judge R. Gary Klausner
Ronald A Katz Technology Licensing L P v. General Motors Corp., 2-07-cv-02339
(CACD May 1, 2009, Order)