Advice of Counsel Defense in Patent Litigation: Protecting Attorney-Client Privilege
Limiting Scope of Discovery, Safeguarding Confidential Communications and Information
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide patent counsel with an examination of the role of advice of counsel defense in patent infringement cases in the aftermath of Halo, and the temporal and subject matter scope of the potential waiver of the attorney-client privilege and work product protection when an accused infringer relies upon such a willfulness defense. The panel will also discuss the Krausz decision and offer guidance to counsel and companies for protecting privileged communications and attorney work product when relying upon an advice of counsel defense.
- Privilege in the context of opinions of counsel and the use of the advice of counsel defense
- Krausz decision and the guidance it provides to patent counsel
- Best practices
- Limiting the scope of discovery of communications and work product
- Protecting the privilege
The panel will review these and other key issues:
- What is the practical impact of recent Supreme Court and federal court decisions on utilizing opinions of counsel in defense of willful infringement while protecting privileged communications and attorney work product?
- What considerations regarding possible waiver of the attorney-client privilege and work product immunity should counsel consider before asserting the advice of counsel defense in a patent infringement litigation?
- What are the best practices for counsel and corporations to preserve the attorney-client privilege and work product immunity?
Michael E. McCabe, Jr.
Funk & Bolton
Mr. McCabe is a registered patent attorney with 20 years of experience representing foreign and domestic entities and... | Read More
Mr. McCabe is a registered patent attorney with 20 years of experience representing foreign and domestic entities and individuals across a wide array of technologies in patent and trademark matters before the federal courts and the USPTO. He also represents IP practitioners involved in claims of professional misconduct, attorney discipline and ethics matters. Mr. McCabe is a frequent speaker and author on matters relating to professional discipline of IP practitioners, among other topics.Close
Eleanor M. Yost
Carlton Fields Jorden Burt
Ms. Yost represents clients in a broad range of intellectual property matters, including patent and trademark, appeals,... | Read More
Ms. Yost represents clients in a broad range of intellectual property matters, including patent and trademark, appeals, opinions, licensing and transactions. She also litigates high-stakes intellectual property disputes in state and federal courts, the U.S. International Trade Commission (ITC) and the USPTO prosecution. Ms. Yost is the lead author of PTAB Post Grant Proceedings: A Tactical Guide for Practitioners and serves on the Board of Directors of the PTAB Bar Association.Close