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When to Seek Opinion Counsel in Patent Litigation

Your company is vigorously developing new devices and methods in a promising technical area. The head of the development team calls you, as general counsel, for advice. Two U.S. patents were just issued that may impact a device your company is prepared to market and the method your company uses to make the device. You also have received a letter from your most vigorous competitor ' one who has a well-funded technology program and a history of pursuing infringement actions. The letter advises that there is reason to believe that your company is infringing. Your company believes that it has the right to proceed to market, but wants your guidance on what to do.

How you respond may affect the outcome of a later infringement action brought against your company. If you have not done so already, now is the time to assess your alternatives carefully and consult with trial counsel.

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