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Landmark Seagate Decision Sinks Willfulness Test

Law360 (August 21, 2007, 12:00 AM EDT) -- Monday's landmark decision by the Federal Circuit clarified trial counsels' right to the attorney-client privilege and reversed a 24-year-old standard in deciding willful infringement, lawyers say.

In the decision, widely seen as one of the most important turning points in intellectual property law in recent years, the judges held that the previous 1983 ruling had led to too many opportunities for “abusive gamesmanship.”

The court had, in a rare instance, decided to hear the case en banc, after lawyers for Seagate and a multitude of other...
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