The U.S. Court of Appeals for the Federal Circuit has overturned a widely criticized precedent, drawing applause from patent lawyers. The decision eliminated a 20-year-old rule that punished defendants for declining to reveal the contents of a legal opinion analyzing their patent rights during a trial. Questions remain as to how the decision will affect future cases.
Federal Circuit Overturns Adverse Inference Rule in Patent Cases
New York Law Journal
September 17, 2004