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- Title
THE EVOLVING ROLE OF OPINIONS OF COUNSEL IN PATENT INFRINGEMENT CASES.
- Authors
Oswald, Lynda J.
- Abstract
The article identifies the types and functions of patent opinions used in U.S. transactions and the emergence of patent opinion rules in cases handling willfulness and enhanced damages. It ascertains the role of patent opinions in inducement cases and reflects on the impact of the recently implemented America Invents Act (AIA) that represents the role of patent opinions in willfulness and inducement cases and states that the opinion of counsel cannot be used to prove willfulness.
- Subjects
UNITED States; PATENT infringement; PATENT law; LEGAL opinions; DAMAGES (Law); LAWYERS; STATUTES
- Publication
IDEA: The Intellectual Property Law Review, 2012, Vol 52, Issue 1, p1
- ISSN
0019-1272
- Publication type
Article