Abstract

CHEN, Ping-Hsun. To Obtain a Patent Non-Infringement Opinion, Or Not to Obtain It, That’s the Question!. Iuris Dictio [online]. 2017, n.19, pp.27-42. ISSN 2528-7834.  https://doi.org/10.18272/iu.v19i19.898.

This paper aims at analyzing the risk of whether to acquire a patent non-infringement opinion. After Seagate, there have been many decisions of either district courts or Federal Circuit involving willful infringement. This paper discusses some observations from those decisions. The observations give a basis for thinking of whether to acquire a patent non-infringement opinion. The analysis is presented in view of a potential or accused infringer, Company T. Company T could be accused of direct or indirect infringement. By discussing either Federal Circuit’s or district courts’ cases after Seagate, this paper suggests that though there is no duty to get a patent non-infringement opinion, the best strategy for an accused infringer would still be to have such opinion letter.

Keywords : Willful Infringement; Patent; Non-infringement Opinion..

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