The threat of an infringement lawsuit is never far from the mind of an in-house attorney in the semiconductor industry. After all, companies in the semiconductor industry are known for extensive patent portfolios. Recent plaintiff demands and verdicts have been huge. Enhanced damages for willful infringement (i.e., treble damages and attorney fees) are enough to bankrupt some. Opinion letters from counsel are allegedly the cure for these risks, but they won’t automatically save you. Opinion letters need to be soundly written and management needs to be comfortable with the conclusions. Nathaniel and Elizabeth were joined by Scott Alter and John Trembath to talk about opinion letters. Scott and John also discussed IPRs and how they can be used effectively in litigation.
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