Competence of Opinion of Counsel Is Proper Subject of Inquiry in Willful Infringement Analysis
Golden Blount, Inc. v. Robert H. Peterson, Co.
, 04-1609, 05-1141, 05-1202
In a February 15, 2006 decision from a unanimous panel, the Federal Circuit affirmed a judgment of willful infringement by the United States District Court for the Northern District of Texas. According to the Federal Circuit, nothing in the Federal Circuit's prior en banc Knorr-Bremse decision precluded a patentee from attempting to make a showing challenging the competence of the opinions received. Although not addressed herein, the Federal Circuit also addressed procedural questions under Rule 52(b) of the Federal Rules of Civil Procedure, vacated the damages award and remanded to the District Court for the limited purpose of reexamining the number of infringing products sold.
