In re Seagate Technology, LLC

Case Number: CLB0161

Date: 08.20.2007

Citation: (Fed. Cir., Misc. Docket No. 830)

The previous standard of due care for proving willful infringement, as recited in Underwater Devices, is overruled as inconsistent with other civil jurisprudence and a recklessness standard is imposed. Further, reliance on an opinion of counsel does not waive privilege with respect to a separate and independent trial counsel.

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