"In October 2025, a federal district judge with an active docket of patent suits addressed the question of whether the filing (and, presumably, the service) of a complaint for patent infringement in and of itself precludes the defendant from asserting that it was unaware of the patent (and, thus, could not be a willful infringer). The bad news for plaintiffs: the answer was no."
"The court also addressed the question of whether a defendant could utilize a Rule 12(b) (6) motion to dismiss a plaintiff's assertion of entitlement to enhanced damages under 35 U.S.C. §284 for willful infringement. The bad news for defendants: the answer was no again. While these rulings by a single district judge are not binding authority on any other judge, they may signal the beginning of small but potentially significant changes in patent litigation practice."
In October 2025 a federal district judge considered whether filing and service of a patent infringement complaint alone precludes a defendant from asserting lack of knowledge and thus precludes willful infringement. The court held that filing a complaint does not bar a defendant from claiming unawareness of the patent. The court also held that a defendant cannot use a Rule 12(b)(6) motion to dismiss a plaintiff's claim for enhanced damages under 35 U.S.C. §284 for willfulness. The rulings are limited to a single trial judge but may influence practices in the District of Delaware and beyond. Many complaints routinely allege willfulness to pressure defendants, though some allegations are justified after pre-suit exchanges.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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