Hatch-Waxman ANDA Patent Litigation: Opinion of Counsel Reliance and Willfulness Defense Memorandum
A memorandum analyzing the willfulness exposure in a Hatch-Waxman ANDA Patent Litigation case and whether to rely on an opinion of counsel, which waives privilege in a defined but real way.
Includes the advice-of-counsel decision framework and its consequences. Prepared by an MC Law attorney and reviewed before delivery.
Frequently asked questions
The fee covers the finished document, filing-ready or send-ready as applicable, the supporting exhibits or attachments described in the scope, and a short cover memorandum explaining the choices made. It is fixed at this scope: one memorandum. 2 rounds of revisions are included. If your matter falls outside that scope we tell you before starting and quote the difference — we do not bill past a flat fee without agreeing it first.
2 to 3 weeks from a complete set of instructions, plus time for the 2 rounds of revisions included in the fee. If you are working to a court deadline or a closing date, tell us when you order and we will confirm in writing whether we can meet it before you commit.
$8,775 is $325/hour × 27 hours — the time this deliverable takes in an ordinary hatch-waxman anda patent litigation matter, at the firm's standard rate. Because it is a flat fee, the risk of the work running long sits with the firm: you pay $8,775 whether it takes us the estimate or twice it.
Third-party costs are never inside a flat fee and are passed through at cost, never marked up: court and agency filing fees, court reporter and transcript charges, expert witness fees, search vendor and e-discovery hosting charges, process server fees, and travel.
A short description of the dispute and where it currently stands, the key documents, contracts, and correspondence, the parties involved and any deadlines already running, and the case caption and court, if a matter has been filed. Send what you have — if something is missing we will tell you what else we need before the turnaround clock starts.
Clients also order
Other Hatch-Waxman ANDA Patent Litigation work MC Law prepares on a flat fee.
Hatch-Waxman ANDA Patent Litigation: Answer
An answer to a Hatch-Waxman ANDA Patent Litigation complaint, with every paragraph admitted, denied, or answered for lack of knowledge on purpose rather than by reflex.
Hatch-Waxman ANDA Patent Litigation: Joint Claim Construction and Prehearing Statement
The joint claim construction statement for a Hatch-Waxman ANDA Patent Litigation case, identifying the disputed terms, each side's proposed construction, and the intrinsic and extrinsic support.
Hatch-Waxman ANDA Patent Litigation: Motion to Stay Pending Inter Partes Review — Full Package
A motion to stay a Hatch-Waxman ANDA Patent Litigation case pending a parallel board proceeding, using the simplification, stage, and prejudice factors courts apply.
Hatch-Waxman ANDA Patent Litigation: Settlement Agreement and Mutual Release
A settlement agreement resolving a Hatch-Waxman ANDA Patent Litigation dispute, with the payment terms, a release scoped precisely to the claims being resolved, and the confidentiality, non-disparagement, and no-admission provisions.
Hatch-Waxman ANDA Patent Litigation: Opposition to Stay Pending Inter Partes Review
An opposition to a stay in a Hatch-Waxman ANDA Patent Litigation case, emphasizing undue prejudice, tactical timing, and the limited simplification the board proceeding would actually provide.