Reexamination Certificate Provides Fresh Basis for Willfulness Claim

"[B]efore the Reexamination Certificate issued, allegations that Defendant’s actions were deliberate or reckless would not have provided sufficient factual or legal grounds because the validity of the [patent-in-suit] remained questionable. However, once the USPTO had made its final decision, Defendant’s continued use of the [patent-in-suit] could reasonably be considered 'objectively reckless.' "

Ultratech International Inc. v. Swimways Corp., 3-05-cv-00134 (FLMD March 3, 2009, Order).