Definition
An opinion of counsel is a written analysis from a patent attorney, often on infringement or validity, that a company may rely on to show good faith.
Why It Matters Legally
A competent opinion of counsel can help a company avoid a finding of willful infringement and the enhanced damages that come with it. It documents reasonable, good-faith decision-making.
Example Use Case
After receiving a demand letter, a company obtains an opinion of counsel concluding it does not infringe, which later helps defeat a willfulness claim.
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Related Terms
Willful Infringement, Patent Opinion, Demand Letter, Enhanced Damages, Freedom to Operate