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- Title
A MATTER OF OPINION: OPINIONS OF COUNSEL REMAIN NECESSARY AFTER IN RE SEAGATE.
- Authors
Lee, Pan C.
- Abstract
The article discusses a court case wherein the U.S. Federal Court overruled its own precedent regarding wilful infringement and explicitly imposed an affirmative duty on potential defendants to obtain an opinion of counsel. The court replaced the duty of care standard with an objective recklessness standard. The new standard for wilful infringement abandoned the affirmative duty of due care and emphasized that there is no affirmative obligation to obtain opinion of counsel.
- Subjects
UNITED States; ACTIONS &; defenses (Law); FEDERAL courts; SUPEREROGATION; PATENT infringement
- Publication
Berkeley Technology Law Journal, 2010, Vol 25, Issue 1, p33
- ISSN
1086-3818
- Publication type
Article