Select Page

This Note begins by explaining the origins and objectives of patent law and copyright law. It then presents the substantive requirements of patent infringement, willful patent infringement, and the structure of patent infringement damages. In parallel, this Note presents the substantive requirements of copyright infringement, willful copyright infringement, and the structure of copyright-infringement damages. It then analyzes the relevant differences between the two bodies of law and considers whether these differences should affect the meaning assigned to “willfulness,” and thus the availability of enhanced damages to prevailing plaintiffs.’ The analysis focuses on whether an “objective recklessness” standard for willfulness in patent law allows for an adequate remedy that preserves the incentive to patent inventions and effectively deters patent infringement. Finally, this Note concludes that in deciding to import a standard from copyright law into patent law, courts should consider the contrasting policies and statutory structures underlying patent and copyright protection.’ Copyright law’s objective recklessness standard may not be appropriate in patent law because it can preclude patentees from recovering full compensation for infringement and it contributes to the underdeterrence of patent infringement. . . .