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Expert Analysis

Opinions Of Counsel: Their Utility As A Defense

Law360 (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)....

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