Mosaic ImmunoEngineering is a nanotechnology-based immunotherapy company developing therapeutics and vaccines to positively impact the lives of patients and their families.

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Message: To play it safe,PTSC should give targets notice of infringement & HTC victory

The value of non-infringement opinions has lessened since enectment of the America Invents Act (AIA).

In particular, it states:

"Failure of an infringer to obtain the advice of counsel or present such advice to the court or jury may not be used to prove that the accused infringer willfully infringed the patent or that the infringer intended to induce infringement of the patent. 35 U.S.C. § 298 (effective Sept. 16, 2012)."

This was a holding from Seagate, which said, “there is no affirmative obligation to obtain opinion of counsel.” Seagate, 497 F.3d at 1371.

I guarantee you that almost all companies went and got a legal opinion when they received letters from TPL alleging infringement.

As for willfullness from here on out to the expiration of the patent, TPL may be able to get it from companies that are subject to NDCA jurisdiction and for product sold into those jurisdictions. For others, the ITC holding will make the ability to collect for willfullness almost impossible.

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