willful infringement

Conduct that constitutes an illegal use of another's patented invention where the infringer has no reasonable basis for believing that its actions are legal (i.e., infringement when the infringer knew of the patent and had no reasonable basis for believing that it either did not infringe the patent or that the patent was invalid or unenforceable). A finding of willful infringement is a basis for increasing damages up to treble the actual amount and/or the award of attorneys' fees to the prevailing party. Good-faith reliance on the advice of counsel can be relevant to the issue of whether an infringement was willful.