Court Points Out That Opinion Counsel Was Not a U.S. Attorney

September 23, 2011 – Blog Post

In a memorandum opinion issued September 16, 2011, a district court rejected an accused infringer’s argument that summary judgment of no willful infringement should be granted in its favor on the basis of its reliance on an opinion of counsel that there was no infringement. In denying the motion, U.S. District Judge Leonard P. Stark observed that the opinion was provided by non-U.S. counsel. Additionally, Judge Stark noted that the same counsel neglected to render a detailed opinion with respect to the U.S. patents at issue. The case is Ateliers de la Haute-Garonne v. Broetje Automation-USA Inc., Civil Action No. 09-598, in the District of Delaware.