Willful Patent Infringement in Today’s World of Medical Devices: Opinions of Counsel and Operating in a State of Flux

As courts apply the Supreme Court’s direction on willful infringement, U.S. companies have guideposts to look to on the bounds in which they can operate. For in-house counsel with a budget, obtaining an opinion letter for protection can be a challenge. Additionally, medical device companies often face issues relating to patent exhaustion and whether medical devices can be limited to a single use. With the state of law in flux and the Supreme Court’s consideration of those issues to be heard, how should your company operate in the interim, and how might your actions under changing laws factor into the willfulness analysis?

Please join our panelists as they answer these questions and discuss the following topics:

• Overview of the law on willful infringement, how courts have been applying it, and what you can do to avoid it
• Strategic solution considerations on when to obtain opinion letters from counsel
• Insight into the issues of patent exhaustion, including whether restrictions on reuse and resale are enforceable, and how to operate in the interim

Moderator: 
J. Michael Jakes

Speakers: 

Kathleen A. Daley 
Justin A. Hendrix

Date:

Tuesday, March 21, 2017

Time:

10:00 - 11:00 a.m. PDT
1:00 - 2:00 p.m. EDT

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