· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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