In the usual patent infringement case, a patent owner sues a company for patent infringement. Sometimes individuals, particularly corporate officers, are named as co-defendants with their company. Generally, the “corporate veil” shields corporate officers from liability for tortious conduct, such as patent infringement, occurring in the regular course of their employment.
The laws in Pennsylvania, New Jersey and Delaware all provide this safe haven for corporate officers. Personal liability in such instances is imposed only where an officer or director breaches his or her duty of loyalty to the company as a result of self-dealing, willful misconduct or recklessness.
