ROB ISACKSON WRITES ON LIMITING WAIVER OF PRIVILEGE IN PATENT INFRINGEMENT CASES

Robert Isackson has written an article titled “A Paradigm Shift to Limit the Scope of Waiver of Privilege When Relying on Opinion of Counsel in Defense of Claims for Willful Patent Infringement and Enhanced Damages.” See

Download PDF. The article discusses a recent decision by the U.S. District Court for the Eastern District of Michigan, which found that defendant’s voluntary waiver of privilege to rely on an opinion of counsel also waived separate litigation counsel’s privileged and work-product claims for communications prior to filing of the lawsuit. Rob explains the implications of the decision and strategies that may be useful to avoid or at least limit the scope of waiver.