News & Events

Litigation partners, Brad Lyerla and Don Rupert, will be participating in a  one-hour TeleBriefing, Wednesday, August 29, at 11:00 a.m. (Pacific Time).   The recent Federal Circuit Court decision in In re Seagate Technology will have a profound impact on patent litigation and specifically on litigating the issue of willfulness in patent infringement cases.  The program is hosted by Law Seminars International.

You can register here

What: In re Seagate Technology

When: August 29, 2007

Time: 11:00 AM (Pacific Time)

Details: In re Seagate Technology TeleBriefing or call LSI at (800) 854-8009

Background:  On August 20, 2007, the Federal Circuit issued a decision that will affect almost every company accused of patent infringement, as well as the trial lawyers and opinion counsel who represent them.  In a much-anticipated en banc decision, the court overruled its standard for proving willful patent infringement, raising the bar by requiring clear and convincing evidence of "objective recklessness" on the part of the accused infringer, rather than a mere failure to exercise "due care" to avoid patent infringement.  The court also held that if a defendant elects to rely on an opinion of counsel, the resulting waiver does not generally include attorney-client communications with trial counsel or the work product of trial counsel.  This Telebriefing will explore the background of this case, the interpretation of the "objectively reckless standard," and the implications for future willfulness litigation.