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JD Wooten

is an Associate with the Intellectual Property Group of Womble Carlyle. JD assists clients in securing and protecting their creative rights in patent, trademark, and copyright matters with a focus on civil litigation and other forms of IP enforcement. JD enjoys assisting clients – from entrepreneurial start-ups through large, established corporations – protect and leverage their intellectual property rights and assets through effective and aggressive legal action.

For more information or to contact JD, please visit his Firm Profile Page.

Recent Articles by JD Wooten

Willful Infringement, Opinion Letters, & Post-Halo Trends

In one of the first district court cases to apply Halo, the Eastern District of Pennsylvania was confronted with a defendant who obtained a noninfringement opinion sometime around the final day of a 12 to 18 month project. See: Dominion Res. Inc. v. Alstom Grid Inc., No. CV 15-224, 2016 WL 5674713 (E.D. Pa. Oct. 3, 2016) (holding that the defendant’s state of mind on the final day of 12-18 month project was far too late to be defense to willfulness) (appeal pending). The court ruled that opinion letters obtained so long after infringement began, even if still during the period of infringement, did not absolve the defendant of willful infringement under a subjective recklessness standard. Shortly thereafter, the District of Delaware was confronted with a case in which the defendant obtained a noninfringement and invalidity opinion well before litigation, and the defendant even modified designs of the products at issue to conform to recommendations contained therein…