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 | 5 min read | 12.02.25
As we have reported previously, California has enacted a pair of climate-related reporting laws that apply to large entities doing business in California (SB 253 and SB 261, as modified by SB 219). This alert provides an update on only the most recent events; please see previous alerts for a broader overview of the laws’ requirements.
Client Alert | 11 min read | 12.01.25
Client Alert | 5 min read | 12.01.25
Client Alert | 6 min read | 11.26.25
From ‘Second’ to ‘First:’ Federal Circuit Tackles Obvious Claim Errors
