This CLE course will discuss the role of the advice of counsel defense in defending against willful infringement allegations in patent litigation cases, and focus on best practices in securing advice of counsel that can be used in litigation, the scope of the potential waiver of the attorney-client privilege and work product protection when an accused infringer relies upon such a willfulness defense, as well as the balancing of benefits and potential downsides of reliance on the opinion of counsel. The discussion will focus on practical advice informed by the recent precedent.