Opinions of counsel and their use in business strategy

CHAL 50

Jitendra Malik, jmalik@alston.com, Alston & Bird LLP, Bank of America Plaza, 100 South Tryon Street, Suite 4000, Charlotte, NC 28280
A business entity that fails to take action when notified that a product it plans to market or produce potentially infringes a U.S. patent misses an opportunity to save considerable expense and legal troubles. Prudent action may result in avoiding wasted research and development costs, marketing expenses, litigation expenses, and up to three times actual damages if infringement is found. These costly missteps can be avoided by seeking and relying upon advice of counsel. Not only can this advice avoid liability altogether but can also provide a defense to claims of willful infringement, a leading factor in decisions awarding enhanced damages. This presentation discusses when and why to seek Opinions of Counsel, the requirements for a successful opinion, and an opinion's use in business strategy.