Willfulness Summary Judgment Requires Evidence of Subjective Beliefs​

The court denied defendant's motion for summary judgment that it did not willfully infringe plaintiff's prostate treatment patent because defendant failed to present evidence of its subjective beliefs. "The Court recognizes that the arguments [defendant] has made in its summary judgment motions of noninfringement and invalidity provide some support for its contention that it was at least not clear that the patent was both valid and infringed. The Supreme Court has made clear, however, that the issue of willfulness turns not on the objective reasonableness of the defendant’s conduct, but on the defendant’s subjective beliefs. A jury might well conclude from the objective evidence . . . that [defendant] did not subjectively believe it was infringing a valid patent. . . . But [defendant] has offered no other summary judgment evidence going to the subjective beliefs of its decisionmakers."

Erfindergemeinschaft UroPep GbR v. Eli Lilly and Company et al, 2-15-cv-01202 (TXED March 3, 2017, Order) (Bryson, CJ)