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Patent defendants have learned to live without an attorney-client privilege. The defendant who refuses to waive the attorney-client privilege may face the "adverse inference" -- that is, 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.
September 19, 2003 at 12:00 AM
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The original version of this story was published on Law.Com
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