On Thursday, June 14, the Federal Circuit “revamped the law on willful infringement, setting forth a heightened standard that will make it harder to prove a defendant in a patent case acted despite an objective risk that its actions constituted infringement.” Finnegan attorney, Jeremy P. Bond, provided commentary, stating “While the standard set out by the Federal Circuit will probably add more complications to willfulness assessments, it may not play a role in many cases. The dispute between Bard and Gore has stretched on for decades and involves allegations of perjury and numerous other complex and extreme factual details. The court may have felt it needed to revise the objective prong to deal with the facts of this particular case, but in a typical case involving willfulness, determining objective risk may not be that important. You could speculate that this may have a significant effect on willfulness, but it may not have as much impact as people think.”