Now in its 25th anniversary year, the Annual Intellectual Property Law Conference of the ABA Section of Intellectual Property Law provides a gathering of the foremost authorities on the state of intellectual property law, including judges, government officials, in-house counsel, academics, and private practitioners.  Banner & Witcoff has a long history with the ABA and is proud to again sponsor the annual conference.

On Friday, April 9, Bradley C. Wright moderates a panel “The Use of Opinion of Counsel as Evidence in Patent Litigation” and is joined by panelist Charles W. Shifley.

Until recently, accused patent infringers had an affirmative duty of care to determine whether they were infringing a patent and to obtain opinion of counsel. This affirmative duty was eliminated by the Federal Circuit in Seagate. But recently, in Broadcom v. Qualcomm, the Federal Circuit stated that a jury could consider whether the defendant obtained the advice of counsel as evidence of intent as to induced infringement. The program will explore these issues in detail.

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