New England IP Blog

Covering intellectual property developments in New England, and other developments that impact New England companies.

Category Archives: Opinions of Counsel

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Halo Shines Bright in D. Mass.

A recent order from the District of Massachusetts sheds light on how the Supreme Court’s June 2016 decision in Halo Electronics v. Pulse Electronics is being interpreted by the district courts. The Memorandum and Order by Chief Judge Patti B. Saris denied a request for enhanced damages by plaintiff, Trustees of Boston University (“BU”). BU moved for enhanced damages after … Continue Reading

In Thermometer Case, Reliance on Opinion of Counsel May Waive Privilege – But Only to a Certain Degree

How do you defend yourself against charges of willful patent infringement? Companies finding themselves facing such an allegation often use the defense that they relied on a pre-lawsuit opinion from a lawyer that the company does not infringe valid patents. Such an opinion, if it exists, can be a strong piece of defensive evidence, because … Continue Reading
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