Virginia Innovation Sciences, Inc. v. Samsung Electronics Co., Ltd., et. al., 2-12-cv-00548 (VAED January 8, 2014, Order) (Davis, J.)
Friday, January 10, 2014
Defense Formulated After Infringing Activity May Be Reasonable
The court granted defendant's motion for summary judgment that it did not willfully infringe plaintiff's multimedia display patents. "If a defense, which was ultimately rejected by the jury, can nevertheless be considered reasonable due to the intensely factual inquiry involved in ruling on the defense, then [defendant's] defense, which has been granted in part at the summary judgment stage, must be reasonable. . . . Furthermore, despite [plaintiff's] assertions to the contrary, an alleged infringer is not required to show contemplation of defenses to a potential infringement action before pursuit of the allegedly infringing activities . . . Requiring that, in order to have a 'reasonable' defense, a potential infringer formulate the defense before taking any action that might potentially infringe the patent, would essentially impose an affirmative obligation to obtain the opinion of counsel -- a proposition rejected by the Federal Circuit's opinion in [In re Seagate Tech., LLC, 497 F.3d 1360 (Fed. Cir. 2007)]."