On July 20, 2017, Ross Alexander, of Condo Roccia Koptiw LLP, moderated a panel discussing the implication of the Supreme Court’s change in willful infringement law in Halo Electronics, Inc. v. Pulse Electronics, Inc. 136 S. Ct. 1923 (2016) at the Patents for Financial Services Summit in New York City. On the panel with Ross were Elizabeth Lester from Equifax, Timothy Bedard from Visa, and Robert Glance from Wells Fargo.
Ross presented recent case law emphasizing the importance of whether an opinion was obtained, the size of the company, the timing of an opinion (e.g., presuit or post suit), and the competency of the analysis in light of willful analysis. In response to these developments, the panel discussed their practice for obtaining opinions of counsel, the use of outside counsel for opinions, and the content of their opinions. For example, the panel discussed tailoring the type of opinion to the particular factual situation and the risk presented to the client.
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