Scope Of Attorney-Client and Work-Product Waivers When Relying On An Opinion Of Counsel

Law360, New York (May 16, 2006, 12:00 AM EDT) -- One of the most vexing decisions patent infringement defendants often face is whether to rely on an opinion of counsel to defend against allegations that their infringement is willful. A competent opinion that the asserted patent is invalid and/or not infringed may go a long way toward avoiding a finding of willful infringement and the imposition of trebled damages. However, relying on an attorney opinion waives attorney-client privilege and attorney work-product protections. Accused infringers must therefore carefully weigh the benefits of producing an attorney opinion against...
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