This document summarizes the In re Seagate case, which established a new standard for determining willful patent infringement. The case involved Seagate seeking opinions of counsel on validity and infringement of patents, then disclosing the opinions to defend against claims of willful infringement. The Federal Circuit established an "objective recklessness" standard, limiting waiver of attorney-client privilege to opinion counsel. It also limited waiver of work product to opinion counsel absent "chicanery," defined as deception or trickery. The concurrence argued willfulness should not be required for enhanced damages.

1. Presented to Intellectual Property Law Section, State Bar of Georgia – September 27, 2007 Underwater Devices Dries Up? - Life After In re Seagate

21. Questions and Discussion