Evidence of Prior Licensing Discussions May Be Excluded If the Accused Infringer Stipulates to Knowledge of the Patent
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Though the Federal Circuit has permitted evidence of failed licensing discussions to be introduced when relevant, a recent order from the District of Delaware precluded such evidence where the accused infringer stipulated having knowledge of the patent-in-suit and the issues of willfulness and damages had been bifurcated from the case. Seminar Date:
April 17, 2012
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