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Expert Analysis

Strategies After Knorr-Bremse

By Marius Meland (March 7, 2005, 12:00 AM EST) -- In the aftermath of Knorr-Bremse v. Dana Corp., a major patent case decided by the Federal Circuit Court of Appeals last September, litigation strategy and business planning for willful patent infringement claims may become somewhat more flexible given a lessened absolute need to obtain and disclose legal opinions.  There is no longer a judicially-imposed "adverse inference" from a failure to obtain or disclose a competent opinion of counsel.  However, many questions left unanswered by Knorr-Bremse -- ranging from how to satisfy the accused infringer's duty of care, to the scope of attorney-client privilege -- will have to be worked out in coming years....

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