Opinions Of Counsel: Their Utility As A Defense

Law360, New York (October 6, 2008, 12:00 AM EDT) -- After years of declining importance, opinions of counsel have been revived as a defense, not only to charges of willful infringement but also as a defense to inducement of infringement. Specifically, in-house counsel should consider securing an opinion of counsel to rebut the element of specific intent required to prove inducement under 35 U.S.C. 271 (b).

In recent years, the utility of opinions of counsel as a defense to a charge of willful infringement has been eroded, and it became doubtful whether opinions of counsel remain...
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