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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.

The good news was that it limited the scope of waiver so as to exclude from waiver attorney-client work product materials prepared by opinion counsel that were not disclosed, or their contents not communicated, to...
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