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.
Insights
Client Alert | 3 min read | 02.27.26
On February 17, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) filed a complaint against Coca-Cola Beverages Northeast, Inc., in the United States District Court for the District of New Hampshire, alleging that the company violated Title VII of the Civil Rights Act of 1964 (Title VII) by conducting an event limited to female employees. The EEOC’s lawsuit is one of several recent actions from the EEOC in furtherance of its efforts to end what it refers to as “unlawful DEI-motivated race and sex discrimination.” See EEOC and Justice Department Warn Against Unlawful DEI-Related Discrimination | U.S. Equal Employment Opportunity Commission.
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