When a defendant has infringed a valid patent, Courts have the power to increase damages by up a factor of three (3) – triple damages – for “willful infringement” if the defendant continues to make, use, or sell the patented invention after being put on notice of another party’s patent rights.

Therefore, when faced with a charge of patent infringement, it is imperative to obtain an independent opinion of counsel that analyzes the patent(s) at issue and determines if there is a “good faith” basis that the patents are either invalid or not infringed. This is how willful infringement may be eliminated.

Such opinions must be sophisticated enough not to hamstring or contradict litigation counsel in preparing a defense either contemporaneously or in the future. Additionally, the attorneys drafting such arguments must be savvy enough to understand that everything they say will be scrutinized in a deposition or trial.

Many of our attorneys have extensive litigation exposure and a deep understanding of what is required to draft defensible opinions our clients can rely on.

We will leave no stone unturned in finding a path for our clients to proceed with operations uninterrupted and in good faith.