Mr. Whitmyer pioneered the law in terms of how courts weigh advice of counsel in deciding the issue of willful infringement. The Federal Circuit decision in Knorr-Bremse v. Haldex was subsequently codified into Sec. 298 of US Patent Law which states “the failure of an infringer to obtain the advice of counsel with respect to any allegedly infringed patent, or the failure of the infringer to present such advice to the court or jury, may not be used to prove that the accused infringer willfully infringed the patent.”
Having left his mark on US Patent Law, it is unsurprising that WHIPgroup specializes in IP opinion work. WHIPgroup attorneys regularly draft opinions for their clients to guide them through crucial decisions at the intersection between patent prosecution and litigation. Assessing infringement and validity of a patent, and advising clients accordingly, are common tasks at WHIPgroup.