IP Law: Exercise Caution When Crafting Jury Instructions in Willful Infringement Cases


Intellectual property holders fight to protect their intellectual property assets in good economic times and bad. The potential for recovery of substantial damages for willful infringement can serve as a carrot to encourage trademark and copyright holders to enforce their rights. The recent increase in bankruptcy filings due to the global economic downturn, however, may affect intellectual property holders’ ability to recover damages for willful infringement.

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