Your Opinion Matters To Us—The Continued Value of Patent Counsel Opinions in a Post-America Invents Act Era

Bloomberg Law Reports
February 2012

The America Invents Act prohibits one’s failure to obtain the advice of counsel, or failure to present such advice to the court or jury, from being used to prove willful infringement or induced infringement. In this article, the authors examine the role that patent opinions will play in a post-America Invents Act era, particularly with respect to issues of willful infringement, enhanced damages, and induced infringement.

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