Extract to table

The law is well established that a party who asserts an advice-of-counsel defense to willful patent infringement must produce the underlying opinion letters

While Seagate held that the failure to obtain or produce an opinion of counsel is not itself evidence of willful infringement, the court also recognized that when a party does rely on an opinion of counsel, it must waive privilege and produce the opinion

If the Court determines that the opinion letters must be produced, OWS respectfully requests sufficient time to have its experts review and respond to the opinions before trial

2011), the damages analysis in a patent case must be conducted with rigor and must properly apportion the value attributable to the patented features as distinct from unpatented features

If Lumicore wishes to present evidence on these topics, it must do so through its properly disclosed damages expert, Dr

Sundaram during direct or redirect examination must remain within the scope of his designated technical/validity opinions; and 4