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05/22/2008 02:54:21 PM EST

In re Seagate Tech., LLC, 497 F.3d 1360 (Fed. Cir. 2007)

Court overruled standard in Underwater Devices Inc. v. Morrison-Knudsen Co., 717 F.2d 1380 (1983), and held that proof of willful infringement permitting enhanced damages required at least a showing of objective recklessness. Generally, relying on opinion counsel's work product did not waive work product immunity as to trial counsel.
 
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