Bloomberg BNA Publishes Kahn and Petegorsky Article on District Court’s Subject-Matter Waiver Ruling

March 31, 2017

Reading Time : 1 min

Contact:

Jacinta O'Shea-Ramdeholl

Director of Communications

Sarah Richmond

Senior Communications Manager

Bloomberg BNA’s Patent, Trademark & Copyright Journal has published the article “Involvement of Opinion Counsel in Trial Strategy Results in a Broad, Subject Matter Waiver that Extends to Trial Counsel,” written by Akin Gump intellectual property partner Michael Kahn and associate Michael Petegorsky. The article examines a decision by the U.S. District Court for the Eastern District of North Carolina that significantly broadened the scope of the waiver “of the attorney-client privilege for a party relying on the advice-of-counsel defense to an allegation of willful patent infringement.”

In the past, the authors write, the waiver was traditionally restricted in scope to communications between opinion counsel and the defendant. Now, however, with the broad waiver, there are, according to Kahn and Petegorsky, “significant ramifications for parties seeking to rely on noninfringement or invalidity opinions to counter willful infringement claims.”

To read the full article, please click here.

Share This Insight

People Mentioned in This News

Related Services, Sectors, and Regions

© 2024 Akin Gump Strauss Hauer & Feld LLP. All rights reserved. Attorney advertising. This document is distributed for informational use only; it does not constitute legal advice and should not be used as such. Prior results do not guarantee a similar outcome. Akin is the practicing name of Akin Gump LLP, a New York limited liability partnership authorized and regulated by the Solicitors Regulation Authority under number 267321. A list of the partners is available for inspection at Eighth Floor, Ten Bishops Square, London E1 6EG. For more information about Akin Gump LLP, Akin Gump Strauss Hauer & Feld LLP and other associated entities under which the Akin Gump network operates worldwide, please see our Legal Notices page.