Understanding the Advice-of-Counsel Defense in Legal Context
Definition & Meaning
The advice-of-counsel defense is a legal concept primarily used in patent law. It refers to a situation where a defendant claims that they sought and received legal advice from an attorney regarding their actions related to patent rights. The defendant argues that they relied on this attorney's opinion before engaging in the disputed activity. While this defense can influence the determination of whether the defendant's actions were willful, it is important to note that it is not considered a complete legal defense on its own.
Legal Use & context
This term is commonly used in patent infringement cases. When a defendant is accused of infringing on a patent, they may use the advice-of-counsel defense to demonstrate that they acted in good faith based on legal counsel. This defense can be relevant in civil litigation, particularly in intellectual property law. Users can manage aspects of this process by utilizing legal templates from US Legal Forms, which are drafted by experienced attorneys.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A company is accused of infringing a patent for a new technology. The company consulted with an attorney who advised them that their product did not violate any patents. Relying on this advice, the company proceeded with its product launch.
Example 2: A small business owner receives a legal opinion stating that their marketing materials do not infringe on a competitor's patent. If sued for infringement, the owner may use the advice-of-counsel defense to argue that they acted in good faith based on legal counsel. (hypothetical example)