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 | 6 min read | 11.03.25
ICE Is Suddenly At The Door: How Retailers, Hospitals, And Hotels Can Survive The Surprise Visitor
Imagine a typical morning at your retail store, hospital, or hotel—customers are arriving, staff are busy, and suddenly, federal agents from ICE appear at your front desk. The surprise is real, but panic does not have to be. Unannounced inspections conducted by Immigration and Customs Enforcement (ICE) inspectors have been occurring for years, but in recent months, ICE has ramped up inspection visits across the service sector, targeting I-9 compliance and employment records. These visits are not always dramatic raids; more often, they are routine checks that can escalate if your team is not prepared.
Client Alert | 6 min read | 11.03.25
Client Alert | 13 min read | 10.30.25
Federal and State Regulators Target AI Chatbots and Intimate Imagery
Client Alert | 3 min read | 10.30.25
Is Course Hero Heading to Summer School After Summary Judgment Loss?
