Knorr-Bremse Systeme Fuer Nutzfahrzeuge GmbH v. Dana Corp.

 
APPEAL NO.
01-1357, 01-1376, 02-1221, 02-1256
OP. BELOW
DCT
SUBJECT
Patent
AUTHOR
Newman

Question(s) Presented

Does withholding the opinion of counsel and/or failing to obtain an opinion of counsel permit an adverse inference to be drawn concerning willful infringement?

Holding

“We now hold that no adverse inference that an opinion of counsel was or would have been unfavorable flows from an alleged infringer’s failure to obtain or produce an exculpatory opinion of counsel.”