Before the Federal Circuit's 2007 en banc decision in In re Seagate Technology, LLC, 497 F.3d 1360, it was common for companies threatened with patent infringement to get a written opinion from experienced patent counsel.
Patent Opinions, Willfulness and Inducement
Recent decisions have begun to fill in the gaps left by <i>In re Seagate Technology, LLC.</i> They suggest that a competent opinion is still an effective defense to a willfulness charge, and that a jury may consider a defendant's failure to obtain an opinion when determining the defendant's intent for purposes of willfulness and inducement. Also, legitimate trial defenses may be sufficient to establish that a defendant's actions at the time of infringement were not "objectively reckless.
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Bruce Barker And Frederick HadidiThis premium content is locked for LawJournalNewsletters subscribers only
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