At what stage of development should a client seek a patent opinion?
Just a couple years ago, the Supreme Court said, “No objective recklessness. The bar is too high. It’s gotta be based on what the accused infringer, what his thoughts were at the time, what he knew at the time of the infringement.”
So, what that means is an opinion doesn’t do you any good after the fact now. Or, do you very little good after the fact. It’s important that you get your opinions upfront before you start producing something. So, that you can show what your state of mind was at the time of the infringement.
You can’t make up your facts afterward.