Abstract

Before the US Court of Appeals for the Federal Circuit rewrote US patent law on wilful infringement in In re Seagate Technology, LLC, 497 F.3d 1360 (Fed. Cir. 2007), it was quite commonplace for formal legal opinions to be sought and obtained by those concerned with potential accusations of infringement of patents that were brought to their attention. While the practice has dwindled substantially since 2007, obtaining competent legal advice on the scope, reach, and validity of US patents nonetheless remains important, at least for its original intended purpose: to evaluate and mitigate the risks associated with infringing a patent.

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