Opinion Letters, Representation Issues and the Impact of the Knorr-Bremse Decision The Federal Circuit in Knorr-Bremse decision
eliminated the adverse inference previously applied to the failure to obtain or produce an exculpatory opinion of counsel
creating new and different issues related to obtaining an opinion and determining willful infringement. This segment will
also address the potential impact of the Federal Circuit's anticipated decision in the case of In re Seagate Technology, the
scope of waivers of privilege, advising clients regarding whether and when to obtain an Opinion Letter, and considerations
in producing such opinions.
