I.Introduction

II.Background

A.Patent Infringement Analysis
B.Willful Infringement and Patent Damages

III.A Hobson's Choice and the Advice of Counsel Defense

A.From Knorr-Bremse to EchoStar and Beyond
B.At a Crossroads Between Choosing Trial Counsel or the Advice of Counsel Defense

IV."A Bridge Over Troubled Water":168 Proposing a Coherent and Equitable Balancing Test

A.Weighing the Policy Against Sword-and-Shield Opinions of Counsel and the Policy for Protecting Attorney Work Product
B.Prejudice to the Accused Infringer
C.An Objectively Reasonable Need for the Evidence
D.Irreparable Harm to the Plaintiff

V.Conclusion