Amarin Corp Plc (AMRN)

[marjac]

G-

Willful blindness is indeed enough.

A "willfully blind defendant is one who takes deliberate actions to avoid confirming a high probability of wrongdoing and who can be said to have actually known the critical facts." Global-Tech Appliances, Inc. v. SEB S.A., 563 U.S. 754, 769, 131 S.Ct. 2060, 2070-71, 179 L.Ed.2d 1167 (2011). Admittedly, though, willful blindness is a very high burden to meet, as it is more stringent than both negligence, and even recklessness. Id.

In Global-Tech, the Court held 8-1 that the evidence was more than sufficient for a jury to conclude that the defendant subjectively knew the plaintiff's invention was patented, the defendant took deliberate steps to avoid knowing that fact, and that as a result, the defendant willfully blinded itself to the infringing nature of its sales. Id., 563 U.S. at 771, 131 S.Ct. at 2072.

Best,
marj