Defendant Use Of Attorney Opinions Under Broadcom

Law360, New York (August 28, 2009, 2:24 PM EDT) -- The current law of willful infringement and induced infringement holds several traps for the unwary defendant. Currently, a defendant may choose to disclose an attorney opinion of noninfringement or invalidity to defend a claim of willful infringement or inducement.

Choosing to do so, however, waives attorney-client privilege and work product protection over related communications.

On the other hand, choosing to assert attorney-client privilege over the opinion may under current case law allow the plaintiff to offer evidence and arguments to the jury that the defendant never...
To view the full article, register now.