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Volume 5: Issue 1
Knorr-Bremse: An Opportunity to Modify the Opinion of Counsel Defense in Patent Law
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It is not uncommon for one’s client to learn that another’s patent might implicate its product or process. This knowledge, under current patent law, triggers a duty to exercise due care to avoid patent infringement. Failure to exercise the requisite due care can be disastrous: if one is found to have infringed the patent, that infringement may be deemed willful and the patent owner may be awarded treble damages....