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Quote of the Day - A people that values its privileges above its principles soon loses both. - Dwight D. Eisenhower
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Patent Privilege Protected

Well, the attorney-client privilege is alive and well again in the patent arena. Overturning some twenty years of precedent, the newly-decided case of Knorr-Bremse Systeme Fuer Nutzfahrzeuge GMBH v. Dana Corporation, et al. took care of a nasty issue for patentees.

It used to be that if a patentee refused to provide a lawyer's opinion that a patent was not infringing, then the judge could infer that a company willfully infringed a patent. Now, that's no longer the case. No longer are companies required to waive the attorney-client privilege to prove a lack of willful infringement.

For those companies, however, that have already waived the privilege and are in the midst of litigation, it's too late. Once the privilege is gone, it's gone.

Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Tuesday, September 14, 2004 at 12:56 Comments Closed (0) |
 
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