In our previous article, we examined how legal departments often grapple with reviewing a competitor’s patents without stepping into a hornet’s nest of increased liability. Reading a patent and realizing your company potentially may be infringing it can lead to a finding of willful infringement in court, whereby the judge can triple any damages award against your company. It also can establish the knowledge element of inducement of infringement and contributory infringement.
So how do you ensure that lawyers do not create bad evidence? Here are some best practices for you to follow: