An Opinion of Counsel from Trial Counsel: A Handful of Sand?
American Intellectual Property Law Association Quarterly Journal, Vol. 35, No. 2, Spring 2007
24 Pages Posted: 5 Feb 2009
Date Written: February 4, 2009
This article examines the ethical and liability issues that arise when patent litigation counsel authors an opinion of counsel, often used to rebut a charge of willful infringement. Included is a discussion of advocate-as-witness disqualification, conflicts of interest, and privilege waiver.
Keywords: opinions of counsel, patent infringement, patent litigation, legal ethics, disqualification, malpractice
JEL Classification: K19, K41, K10
Suggested Citation: Suggested Citation