Formal and Preliminary Opinions
An
opinion letter (Formal or Preliminary) is a letter
outlining the results and conclusion of an examination
(Formal or Preliminary) of a particular issue,
such as whether an existing product is infringing
a valid patent or whether a party has the right
to use a product without infringing an existing
patent. Opinion letters may be valuable during
infringement proceedings and serve a multitude
of purposes, including showing a defendant’s
good faith and/or providing evidence to refute
a charge of willful infringement.
Willful infringement may be found when a defendant
in an infringement suit had actual knowledge of
existing protection and had no reasonable basis
for believing that the protection was invalid or
that the defendant’s action did not infringe. |