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· 9/23/1983

Underwater Devices Incorporated v. Morrison-Knudsen Company, Inc., Morrison-Knudsen Company, Inc. v. Lester A. Haug, Don W. Schmid and Herman Gunther

Citations

  • 717 F.2d 1380
  • 219 U.S.P.Q. (BNA) 569
  • 1983 U.S. App. LEXIS 13671

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that infringer’s “affirmative duty includes, inter alia, the duty to seek and obtain competent legal advice from counsel before the initiation of any possible infringing activity”
  • relying on advice obtained only after commencement of allegedly infringing activities called good faith reliance on advice into question
  • counsel’s ordering patent file wrapper 9 months after infringement began factor to consider in sufficiency of legal advice
  • actual notice resulted from patentee’s enforcement of patent rights, not diligence of defendant
  • Memorandum containing “only bold, conclusory, and unsupported remarks regarding validity” is inadequate
  • Once a potential infringer receives notice of a patentee's rights, that potential infringer has a duty of due care, including \the duty to seek and obtain competent legal advice from counsel before the initiation of any possible infringing activity.\ (citations omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Kashiwa, Friedman, Rich, Kashi-Wa

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.