Quote of the Day - A people that values its privileges above its principles soon loses both.
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.