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Friday, November 14, 2008

The Dog Ate My Infringement Opinion

In Honeywell v. Universal Avionics, the District Court of Delaware has further expounded on the In re Seagate standard (which eliminated the affirmative duty of care by stating that no affirmative obligation to obtain opinion of counsel exists) by stating that reklessness can be refuted if a defendant unrefutedly states that an opinion of counsel was sought and given, but that no copies exist. Universal didn't even bother to get the outside counsel who allegedly provided that opinion on the stand, instead relying on the testimony of a mid-level commercial manager. Let the "my dog ate my infirngement opinion" defense begin!

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