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Program Details
2026-10-23 12:00:00
Over 1,000+ webinars
Course Overview
2026-10-23 12:00:00
2h CLE Credits
Intermediate
2
This session examines what it takes to build a patent clearance or infringement opinion that may credibly defeat a willfulness claim under the post-Halo and SRI v. Cisco framework, covering timing considerations, quality benchmarks, the privilege waiver trap, and the Read factor framework courts use to decide whether to enhance damages. Attorneys will learn how opinion of counsel fit into willfulness defenses in light of recent decisions, including Provisur v. Weber, Columbia v. Gen Digital, Wonderland v. Evenflo, and Chief Judge Connolly’s Inari Medical order. Attendees leave with a practical understanding of how to counsel product company clients on clearance protocols, opinion reliance documentation, and the structural decisions that separate defensible good-faith conduct from exposure to treble damages.
This session equips IP and product-company counsel with concrete, implementable protocols for managing engineer communications, structuring privilege architecture, and building litigation-hold playbooks that minimize willfulness exposure under the post-Halo standard and recent decisions such as Columbia v. Gen Digital and Wonderland v. Evenflo. Attendees will learn how to route patent encounters through privileged channels, handle notice letters and avoid willful-blindness exposure, and structure clearance review so that privilege is preserved unless and until the company elects to rely on advice of counsel. The session also covers privilege risks from generative AI tools and document-retention policies that cover Slack, Teams, Jira, and GitHub. Attorneys leave with actionable frameworks for engineer training, design-around documentation, and patent triage workflows that protect the company before litigation is ever filed.
Bayes PLLC
Bayes PLLC
Mandy Song is a first-chair patent litigator and the founding and managing partner of Bayes PLLC, where her practice spans legal opinions and counseling, pre-litigation diligence, and patent disputes in U.S. federal district courts, Section 337 investigations at the U.S. International Trade Commission, and PTAB post-grant proceedings. She has spoken on Mega Verdicts in U.S. Patent Litigation: Willful Infringement, Exceptionality & PTAB Challenges at Patent Litigation Masters 2022. An engineer by training, she works directly with inventors to build invention disclosures and counsels clients from startups to conglomerates with a global presence, drawing on nearly 20 years in patent practice.
Bayes PLLC
Mandy Song is a first-chair patent litigator and the founding and managing partner of Bayes PLLC, where her practice spans legal opinions and counseling, pre-litigation diligence, and patent disputes in U.S. federal district courts, Section 337 investigations at the U.S. International Trade Commission, and PTAB post-grant proceedings. She has spoken on Mega Verdicts in U.S. Patent Litigation: Willful Infringement, Exceptionality & PTAB Challenges at Patent Litigation Masters 2022. An engineer by training, she works directly with inventors to build invention disclosures and counsels clients from startups to conglomerates with a global presence, drawing on nearly 20 years in patent practice.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
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