While most trial attorneys assume their advice to clients is not discoverable, patent litigation is different. Patent defendants expect to waive the privilege and see their patent attorneys take the witness stand at trial. The defendant who refuses to waive privilege may face the "adverse inference" -- an instruction to the jury that assertion of the attorney-client privilege is evidence that the defendant is hiding bad facts. This strange process is a recent evolution of the law of willful infringement.
July 16, 2003 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
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