In this issue of Insights, we examine the patent marking requirements of 35 U.S.C. § 287, and the concept and application of “willfulness” with regard to patent infringement and trademark infringement. The authors summarize three cases: Arctic Cat Inc. v. Bombardier Recreational Products, Inc., et al. and Juno Therapeutics, Inc. and Sloan Kettering Institute for Cancer Research v. Kite Pharma, Inc., and Romag Fasteners, Inc., Petitioner v. Fossil, Inc., et. al., Case No. 18-1233 (Supreme Court).
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