Knorr-Bremse: An Opportunity to Modify the Opinion of Counsel Defense in Patent Law

April 8, 2004

Arun Chandra

It is not uncommon for one’s client to learn that another’s patent might implicate its product or process. This knowledge, under current patent law, triggers a duty to exercise due care to avoid patent infringement. Failure to exercise the requisite due care can be disastrous: if one is found to have infringed the patent, that infringement may be deemed willful and the patent owner may be awarded treble damages....

Knorr-Bremse: An Opportunity to Modify the Opinion of Counsel Defense in Patent Law