Wednesday, November 17, 2004

Does a non-infringement opinion on a post-it note suffice to bar treble-damages?: "Knorr-Bresme Systeme v. Dana Corp and Haldex Brake -- Federal Circuit Overturns Adverse Inference Rule in Patent Cases. The rationale centers on the fact that the court wants to encourage candid opinions, warts and all. I other words, the court wants to encourage opinions that weigh the merits pro and con for infringment... and then permit those to be held as attorney-client privilege without applying a kind of 'anything-you-say-but-hide-can-be-used' rule."

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