How can I get info if device is legal or not in US?

[jonpaul]

David Hess: We had  spent weeks back to 1986, on an early text database, PTO CDROMS and at the patent library, to discover PA and include inthe Pat App as references and on the PA list to PTO.


In our patent litigation, back to 2000, we were still attacked by the defendants (infringers) for NOT having  done a through enough search!

I am not aware of the trible damages risk you mention, possibly a confusion re marking and notification.

Enjoy,

Jon

[David Hess]

When engineering, I was always ordered to never search for relevant patents because doing so would be evidence of willful infringement with triple damages.

But not doing any search qualifies you for lack of due diligence... Searching "just enough", somewhat superficially, is what I have typically seen. And making a freedom-to-operate analysis part of your formal development process, so things look good on paper. 

Heads they win and tails you lose.

I am not aware of the trible damages risk you mention, possibly a confusion re marking and notification.

It is part of US caselaw:

The most common basis for increased damage awards is willful infringement. Beginning in
1983, the Court of Appeals for the Federal Circuit handed down a number of decisions
concerning willfulness and emphasized the importance of obtaining the advice of counsel to
avoid a finding of willfulness. The Federal Circuit court has stated the legal duty as follows—a
person with actual notice of another’s patent rights has an affirmative duty to exercise due care to
determine whether the person’s acts will be infringing, including the duty to seek and follow
competent legal advice before beginning activity that may constitute patent infringement.

...

The bottom line—if you are planning a new product development effort and have discovered a
patent or patents that you might infringe, or if you have been put on notice of someone’s patent
rights, it is good business practice to obtain an opinion of counsel.