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27 Aug 2007, 4:28 am
Last week the Federal Circuit’s opinion in In re Seagate Technology, LLC raised the bar for a finding of willful infringement in patent litigation. [read post]
27 Aug 2007, 3:41 am
The Court also addressed the scope of a defendant's waiver of its attorney-client privilege and work product protection resulting from the defendant's assertion of the advice-of-counsel defense to a willful infringement claim.In In re Seagate Technology, LLC, the Court abolished the "affirmative duty of care" set forth in Underwater Devices Inc. v. [read post]
22 Aug 2007, 2:47 pm
The Federal Circuit took a swipe at patent law and changed one point of law and clarified another in the case of In Re Seagate Technology, LLC.Back in 1983 in another patent case, the Federal Circuit established a test for willfulness (a finding that can double damage awards) that to the court sitting now sounded "akin to negligence. [read post]
21 Aug 2007, 5:54 am
In Re Seagate Technology LLC (misc. docket no. 830), August 20, 2007 (link)Seagate was sued by Convolve in the SDNY for patent infringement. [read post]
21 Aug 2007, 1:36 am
In In re Seagate Technology, LLC (August 20, 2007), en banc the Federal Circuit overruled Underwater Devices Inc. v. [read post]
20 Aug 2007, 10:00 pm
"Make no mistake - this is big news for companies whose business models routinely put them on the wrong end of patent suits - generic pharmaceutical companies, and big technology companies who are frequently sued by patent licensing companies (some would use the term 'patent trolls'). [read post]
20 Aug 2007, 4:49 pm
The seven-year-old case, which hasn't gone to trial, pits an individual inventor and MIT against Seagate Technology. [read post]
20 Aug 2007, 2:32 pm
In a rare unanimous en banc opinion, the CAFC has overruled its prior precedent — holding that willful infringement enhanced damages now requires “at least a showing of objective recklessness. [read post]
5 Jun 2007, 8:48 am
This Thursday, the Federal Circuit will sit en banc to hear oral argument in In re Seagate Technology LLC, a mandamus case regarding a district court's order to produce certain attorney-client privileged materials. [read post]
23 May 2007, 1:02 am
Nearly two dozen bar, industry and association amicus briefs have been filed in the case, In re Seagate. [read post]
17 May 2007, 7:35 am
Preferred Citation: Joseph Casino and Michael Kasdan, In re Seagate Technology: Willfulness and Waiver, a Summary and a Proposal, 2007 Patently-O Patent L.J. 1, [www.patentlyo.com]. [read post]
30 Mar 2007, 5:07 pm
IPO also supports changes to the inequitable conduct jurisprudence: IPO supports legislation to (1) limit or eliminate the unenforceability defense based upon inequitable conduct in patent litigation, (2) eliminate the requirement to disclose the best mode contemplated by the inventor of carrying out the invention, and (3) allow enhanced patent infringement damages to be awarded for "willful" infringement only in limited circumstances, such as those set forth in IPO's Amicus Brief… [read post]
26 Feb 2007, 3:36 pm
By investing in new technologies, encouraging conservation and reducing carbon emissions and pollutants, TXU is on the path to being a 21st century power company. [read post]
12 Feb 2007, 8:58 am
  I’m quite involved with the Section of Science and Technology Law, and so I was in town mostly for the business meetings. [read post]
29 Jan 2007, 10:39 pm
(order, 01/26/2007): dismissal of appeal for lack of jurisdiction, filing of notice of appeal by non-prevailing party prior to dismissal of outstanding counterclaims by the prevailing party, no actual case or controversyIn re Seagate Technology (order, 01/26/2007, non-precedential) (order deciding petition for writ of mandamus is appropriate for en banc consideration): appeal shall address questions of whether or not "a party's assertion of the advice of counsel defense… [read post]