Wilful infringement

Wilful infringement is when a developer knows that an idea is patented, and proceeds to use that idea without having gotten permission.

This concept may have other names, or may not exist, in various jurisdictions, but it exists in the European Union, and "the willful infringement doctrine" exists in the USA. It may also be called a "bad faith infringement".

Whether an infringement is wilful or not is usually important regarding the fine to be paid by a defendant who loses. In the USA, a court can increase the damages to up to three times the original amount in the case of wilful infringement.

Cases of wilful infringement

• I4i v. Microsoft (2009, USA)
• Stac v. Microsoft (1993, USA)