<DOCUMENT>
<TYPE>EX-5
<SEQUENCE>3
<FILENAME>a5499202-ex5.txt
<DESCRIPTION>EXHIBIT 5
<TEXT>

                                                                       Exhibit 5

                          [DUANE MORRIS LLP LETTERHEAD]



                               September 21, 2007



CopyTele, Inc.
900 Walt Whitman Road
Melville, New York 11747

Ladies and Gentlemen:

         We  have  acted  as  counsel  to  CopyTele,  Inc.  (the  "Company")  in
connection with the preparation of the  Registration  Statement on Form S-8 (the
"Registration  Statement") filed by the Company with the Securities and Exchange
Commission on the date hereof with respect to an additional  5,000,000 shares of
Common  Stock,  par value $.01 per share (the  "Shares"),  of the Company  being
registered in connection with the CopyTele,  Inc. 2003 Share Incentive Plan (the
"Plan").

         As counsel to the Company,  we have examined and relied upon  originals
or copies, authenticated or certified to our satisfaction, of all such corporate
records of the Company,  including the  resolutions  of the  Company's  board of
directors and other records relating to the authorization,  registration,  sale,
and issuance of the Shares, communications or certifications of public officials
and such other  documents as we have deemed  relevant and necessary as the basis
of the opinions  expressed herein.  In making such examination,  we have assumed
the genuineness of all signatures, the authenticity of all documents tendered to
us as  originals,  and the  conformity  to original  documents of all  documents
submitted to us as certified or photostatic copies.

         Based upon the  foregoing,  we are of the opinion that each  authorized
and unissued Share to be issued by the Company,  when issued in accordance  with
the terms and conditions of the Plan, and assuming no changes in relevant law or
facts, will be validly issued, fully paid, and non-assessable.

         We hereby  consent  to the  filing of a copy of this  opinion  with the
Securities and Exchange  Commission as an exhibit to the Registration  Statement
and any  amendment  thereto  and to any and all  references  to our  firm in the
Prospectus which is a part of the Registration Statement.

                               Very truly yours,


                               /s/ DUANE MORRIS LLP
</TEXT>
</DOCUMENT>
