Opinions of Patent Counsel After Halo and Other Recent Cases: Addressing Willfulness, Inducement, Due Diligence, and Other Aspects Of Patent Opinions

Insights: Events Opinions of Patent Counsel After Halo and Other Recent Cases: Addressing Willfulness, Inducement, Due Diligence, and Other Aspects Of Patent Opinions

Legal aspects of patent opinions—opinions by a patent attorney regarding the infringement and invalidity of a patent—have undergone a great deal of change over the past year. On June 13, 2016, the Supreme Court rejected the objective/subjective standard for enhanced damages and willful infringement set out in In re Seagate (Fed. Cir. 2007), replacing it with a much more flexible inquiry. In May 2015, the Court held in Commil that a defendant’s belief that a patent is invalid does not serve as a defense to inducement of infringement. The Federal Circuit has addressed substantive aspects of patent opinions in several cases, including when the failure to obtain one can be used against the defendant.

Kilpatrick Townsend Partner Steve Gardner will address recent changes in the law regarding patent opinions and how those changes impact your clients and your practice. The seminar is appropriate for general corporate counsel, intellectual-property counsel, technology transfer personnel, and others whose work sometimes involves assessment of infringement risk.