Abstract

     In a landmark decision, a unanimous Court of Appeals for the Federal Circuit established a new, more stringent standard for proving willful patent infringement and reaffirmed the sanctity of the attorney-client privilege in our adversarial system of justice. The case, In re Seagate Technology LLC, will have a profound effect on future patent litigation, as a finding of willful infringement often leads to an award of enhanced monetary damages to the patentee under 35 U.S.C. § 284. The decision also provides much needed clarity concerning the scope of waiver of the attorney-client privilege when a patent infringement defendant asserts the “advice of counsel” defense to a charge of willful patent infringement.