Tech company general counsel, who routinely wrestle with accusations of patent infringement, can breathe a sigh of relief – thanks to an Aug. 20 decision by the Federal Circuit U.S. Court of Appeals.
In deciding In Re Seagate Technologies, the Federal Circuit has made it far more difficult to accuse a company of willful patent infringement, a finding which allows for triple damages. The ruling also made a crucial clarification regarding waivers of attorney-client privilege: If a defendant waives privilege for so-called “opinion counsel,” that does not mean it is also waived for a defendant’s communications with trial counsel.
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