In Seagate, the Federal Circuit discourages patent owners from charging willful infringement. It abolishes the "affirmative duty of due care" to avoid infringing known patent rights. Also gone is any "affirmative obligation to obtain opinion of counsel." Further, it curtails any waiver of privilege when an accused infringer chooses to disclose the advice of "opinion" counsel as a defense to a charge of willfulness. The disclosure does not, except in special circumstances, waive the attorney-client privilege or work product protection for "trial" counsel. For a discussion of Seagate and its ramifications, see the commentary by Donald S. Chisum.

Access the full text of this Expert Commentary at:  Donald S. Chisum on Willful infringement, Objective Recklessness and the Trial Attorney-Client Privilege