Opinions Of Counsel Post-Halo: Lessons From 16 Cases

By Brian Mudge and Shawn O’Dowd (May 22, 2017, 11:34 AM EDT) -- Last year's U.S. Supreme Court decision in Halo lowered the bar for plaintiffs to establish willful patent infringement and enhanced damages.[1] Returning the focus to the infringer's state of mind at the time of infringing conduct, Halo eliminated the ability of an accused infringer to rely solely on defenses developed during litigation as a means to avoid a ruling of willfulness. Now, after years of insignificance, opinions of counsel obtained at the time of potential infringement are once again becoming a vital part of an overall strategy for defending against allegations of willful infringement and enhanced damages....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!