In Landmark Case, Federal Circuit Redefines Willful Infringement
By Marius Meland
Law360, New York (September 14, 2004, 12:00 AM EDT) -- In a landmark decision that could erode patent-opinion work at boutique intellectual-property firms, a panel of eleven judges at the U.S. Court of Appeals for the Federal Circuit has ruled that no adverse inference should flow from a party's refusal to present an exculpatory opinion of counsel.
“We now hold that no adverse inference that an opinion of counsel was or would have been unfavorable flows from an alleged infringer's failure to obtain or produce an exculpatory opinion of counsel. Precedent to the contrary is overruled,”...