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Willfulness Should Not be Required for Profits Award: AIPLA

2019/09/25

A body representing US IP lawyers has urged the US Supreme Court to rule that willful infringement is not required for an award of profits.
 
In an amicus brief filed on September 20, the American Intellectual Property Lawyers Association (AIPLA) said that “courts should be free to grant that remedy based on the facts and circumstances of each case”.
 
“Requiring willfulness for an accounting of defendant’s profits violates the statute’s direction that the availability of such a remedy rests on the equities of each case,” the filing said.
 
Source: Wipr



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