August 20, 2007
CAFC Issues In Re Seagate: Statutory Issue Looms
Patent folks have been waiting for this, which analyzes waiver of attorney client privilege in patent litigation. The en banc decision is here. What I didn't expect at all was the majority's decision to re-interpret 35 USC 284 as it did, which inspired a concurring opinion that raises some serious problems with the majority's interpretation.
I don't think the case is clean enough for the Supremes to be interested, but 20 years from now...
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