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 | 7 min read | 01.30.26
CMS Proposes CY 2027 Growth Rate and Changes to Risk Adjustment for Medicare Parts C and D
On January 26, 2026, the Centers for Medicare and Medicaid Services (CMS) circulated the Calendar Year (CY) 2027 Advance Notice to communicate proposed changes to Medicare Advantage (MA) capitation rates and Parts C and D payment policies. The changes are expected to be finalized in April 2026 but may be delayed. The following is a summary of the most significant proposals, with further details below:
Client Alert | 4 min read | 01.30.26
Optimum’s Shot Across the Bow: An Antitrust Challenge to Cooperation Agreements
Client Alert | 9 min read | 01.30.26
Client Alert | 7 min read | 01.29.26
ASEAN Digital Ministers' Meeting 2026: Spotlight on AI Cooperation in Asia's Rising Markets
