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Competence Of Proffered Counsel Opinions Is Relevant To Willful Infringement

Client Alert | 1 min read | 03.03.06

In upholding a district court decision concerning willful infringement and the awarding of attorneys' fees, a Federal Circuit panel in Golden Blount, Inc v. Peterson Co. , (Nos. 04-1609,05-1141,-1202; February 15, 2006) finds, in agreement with the district court, that the accused infringer could not rely on oral opinion of counsel to avoid willful infringement because counsel did not examine either the patent‘s prosecution history or the accused device. The panel views Knorr Bremse as addressing only adverse inferences based on absence of an opinion letter. In this case the accused infringer “did not assert a privilege and ‘offered up' the opinions of counsel as a defense.” Therefore, the competence of these opinions is deemed relevant and as having been properly considered.

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Client Alert | 4 min read | 02.27.26

New Jersey Expands FLA Protections Effective July 2026: What Employers Need to Know

The New Jersey Family Leave Act (NJFLA) entitles eligible employees to up to 12 weeks of unpaid, job-protected leave per 24-month period for bonding with a new child, caring for a seriously ill family member, or responding to certain public health emergencies. The law covers employers with 30 or more employees worldwide, and employees must have at least one year on the job and 1,000 hours worked in the preceding 12 months to qualify. Unlike the federal Family and Medical Leave Act (FMLA), the NJFLA does not cover an employee’s own serious health condition, but instead pairs with New Jersey’s Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI) programs, which provide partial wage replacement — funded through employee payroll contributions — when employees are out on qualifying leave. ...