Post-Seagate: Advice of Counsel in Patent Defense

January 1, 0001
O'Melveny partner Brett Williamson and associate Edgar Martinez have published an article in the Fall 2008 issue of the American Bar Association's Intellectual Property Litigation. The article, entitled "Post-Seagate: Advice of Counsel in Patent Defense," discusses the evolution of the advice of counsel defense in cases alleging willful patent infringement, including implications of the Federal Circuit's recent decision in In re Seagate Technology LLC. Analyzing several post-Seagate cases, the authors explore the current state of the law, and questions left open after Seagate, particularly focusing on whether a plaintiff may introduce evidence of the accused infringer's failure to seek an opinion of counsel.