advice of counsel defense

advice-of-counsel defense. Patents. In an action for infringement, an assertion that after learning of the owner’s rights, the defendant sought, obtained, and relied on an attorney’s well-reasoned opinion before continuing the challenged act. • Courts treat the assertion as a factor in determining whether an act was willful (to support en-hanced damages). It is not a true defense. Cf. willful infringement under INFRINGEMENT. [Cases: Patents 227. C.J.S. Patents § 403.]

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词条贡献者

法律翻译晓琳，国际知名商学院金融专业，专注翻译各类与金融服务与投资管理有关的法律文件。