Knorr-Bremse does not Preclude Inference of Reckless Behavior for Failure to Obtain Opinion

Golden Blount v. Robert H. Peterson Co. (Fed. Cir. 2006, 04–1609).  

Opinions of Counsel: This case holds that Knorr-Bremse does not prevent a court from finding that a defendant was at least reckless by obtaining an oral noninfringement opinion but failing to obtain a written opinion.  Rather, Knorr-Bremse only precludes an inference that an undisclosed written opinion would have been negative.

Damages: The defendant here was on the hook for contributory infringement — actual infringement occurred when customers assembled the fireplaces.  On damages, the CAFC partially reversed the lower court’s ruling.  The appellate panel found that lost-profit damages must be reduced by any products that were returned to the defendant without being opened by the customer — because in those cases the underlying direct infringement never occurred.

 Links:

• Golden Blount I (Fed. Cir. 2004).
• Knorr-Bremse (Fed. Cir. 2004) (en banc).

Filed Briefs:

• Appellant Brief
• Appellee Brief
• Appendix One
• Appendix Two
• Appendix Three
• Appendix Four
• Appendix Five
• Appendix Six
• Appendix Seven
• Reply Brief