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4 Tips For Crafting Effective Post-Halo Opinion Letters

Law360, New York (February 10, 2017, 8:32 PM EST) -- The U.S. Supreme Court’s Halo ruling, which made it easier for judges to award enhanced damages in patent cases, has reawakened interest among companies in getting noninfringement opinions from counsel as a defense.

Seeking legal opinions about patents with an eye toward avoiding willful infringement was once common but fell out of favor after the Federal Circuit’s 2007 Seagate decision made it difficult to prove willfulness, which can result in triple damages. The high court threw out those rules in Halo last June, and the increased risk of enhanced damages has put a new spotlight on opinion letters.

William Kramer of...

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