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.
Results for waiver
1) Knowledge of the accused product provides a “context” for claim interpretation.
2) The term ‘a’ means ‘one or more’ when used in a claim, including the preamble.
3) A party is not necessarily blocked from changing a position upon appeal.