Advice of counsel - defense or dilemma? Friend or foe?
Article Abstract:
Defendants accused of willful patent infringement after timely receiving advice of counsel faces the dilemmas of waiving the attorney-client privilege and of possible disqualification of its trial counsel under the advocate-witness rule. Bifurcation or a separate trial of the willfulness issue may alleviate both dilemmas as the court may be persuaded to grant a separate trial on the willfulness issue after liability is determined. Solutions to the attorney disqualification dilemma are also covered.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1999
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Antitrust liability for attempting to enforce a fraudulent patent
Article Abstract:
A patent owner who received his or her patent from the Patent & Trademark Office fraudulently may be the target of a private antitrust suit brought under the Sherman Act. Recent decisions clarified the required elements of a private antitrust suit against patent owners. Establishing fraud in patent prosecution calls for clear and convincing proof of intentional misrepresentation or omission of material facts.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1999
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