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Expert Analysis

Avoid Inducement Liability With Early Opinion Of Counsel

Law360, New York ( March 21, 2014, 11:55 AM EDT) -- In both technology and life science fields, patentees may allege inducement to infringement against defendants with no clear direct infringement liability. Usually this arises in the case of complex method patents where the claimed steps are performed by different parties or method of treatment patents where a manufacturer of a pharmaceutical is only potentially liable for inducement. But obtaining an opinion of counsel will assist in establishing a "good faith" belief in noninfringement or invalidity, which may avoid inducement liability....

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