Events
The Seagate Decision: Is the Third Time a Charm?
Finnegan-Hosted Event
August 29, 2007
Palo Alto
On August 20, 2007, the Federal Circuit issued its highly anticipated en banc decision concerning willful infringement and waiver of the attorney-client privilege in In re Seagate Technology. This decision is the third major decision in as many years concerning these critical issues. The first two, Knorr-Bremse and In re EchoStar, took incremental approaches in an attempt to bring under control what many considered to be an onerous, unpredictable, and often absurd aspect of patent litigation. In contrast, the Seagate decision fundamentally changed the law of willful infringement by eliminating the "affirmative duty of care" that has been in place for nearly twenty-five years. The decision also provides protections against interference with the attorney-client privilege by severely curtailing discovery of communications with trial counsel if a defendant chooses to rely on another attorney's advice to defeat a charge of willful infringement.
Please join us as we examine the decision and consider how it affects the advice you give your client.