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The Evolving Role Of Opinions Of Patent Counsel In Federal Circuit Cases, Lynda J. Oswald

Lynda J Oswald

In recent years, an unexpected intersection has emerged in U.S. patent law in two types of cases addressing the roles of opinions of counsel: (1) those addressing willful infringement and enhanced damages; and (2) those addressing inducement of infringement. The U.S. Court of Appeals for the Federal Circuit appears to be weakening the role of patent opinions for willfulness determinations, but strengthening the role of such opinions in inducement cases. In light of these developments, companies doing business in the U.S., whether U.S.- or foreign-based, would do well as a strategic matter to err on the side of caution and …