Scope Of Waiver Needs Clarification, Bright-Line Test

Law360 (March 22, 2007, 12:00 AM EDT) -- Last year, the Federal Circuit in In re EchoStar Communications Corp., 448 F.3d 1294 (Fed. Cir. 2006) gave alleged infringers good news and bad news on the issue of the scope of waiver when an alleged infringer relies on an opinion of patent counsel to rebut a charge of willful infringement....

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